|
SELECTED CALIFORNIA STATUTES, ALCOHOLIC BEVERAGES The following California statutes regulate the use, sale, or distribution of alcoholic beverages: (1) Civil code: Section 1714(a) No social host who furnishes an alcoholic beverage to any person shall be liable for injuries suffered by such a person or for injuries to a third person resulting from the consumption of such beverages. But where the social host knows that his guest is someone who"can't handle alcohol" the host may be liable for injuries suffered by the guest or third party. (2) Business and Professions Code: Section 23399.9: No license is required for serving or disposing of alcohol if all three conditions are met: (1) There is no sale; (2) Premises are not open to the public during the time alcoholic beverages are being served, consumed or otherwise disposed and (3) The premises are not maintained for the purposes of keeping, serving, consuming or disposing of alcoholic beverages. If all three conditions are met, then no license is required. For the purposes of the statute, a "sale" has been defined as the purchase of a "drink" or the purchase of a "ticket" entitling the purchaser to an alcoholic drink. Furthermore, if "guests" are allowed to walk in from the streets then the premises will be considered "open to the public" for the purposes of the statute, and a license may be required. Section 23301: Any person serving or disposing of alcoholic beverages without a license, when a license is required, is guilty of a misdemeanor. The term "person" includes any individual, firm, co-partnership, association, corporation or any other group or combination acting as a unit. Section 25602: This section was recently amended to reflect prior judicial interpretation finding the consumption of alcoholic beverages rather than the serving of alcoholic beverages as the proximate cause of injuries inflicted upon another by an intoxicated person. Section 25602.1: Notwithstanding the provisions of Section 25602, above, a person who is required to obtain a license (see Section 23399.9) may be sued for injuries suffered as the result of furnishing alcohol to any obviously intoxicated minor. Section 25658(a): Every person who sells, furnishes , gives or causes to be sold , furnished or given away any alcoholic beverage to any person under 21, is guilty of a misdemeanor. Section 25658(b): Any person under the age of 21 years who purchases any alcoholic beverages, or any person under the age of 21 years who consumes any alcoholic beverage in any on-sale premises is guilty of a misdemeanor and shall be punished by a fine of not less than $100 dollars. Section 25658(c): Any on-sale licensee who knowingly permits a person under 21 years of age to consume any alcoholic beverage in the on-sale premises, whether or not the licensee has knowledge that the person is under 21, is guilty of a misdemeanor. "Licensee" means any person holding a license. The term "on-sale" means that the license privilege is for alcoholic beverages sold on the premises, to be consumed on the premises. Section 25662: Any person under the age of 21 who has any alcoholic beverage in his possession on any street or highway or in any public place or in any place open to the public is guilty of a misdemeanor. (3) Vehicle Code Section 21200: Anyone who rides a bicycle upon a road while under the influence of intoxicating liquor or drugs shall be punished by a fine of not more than $250. Section 23152: It is unlawful for any person to drive a motor vehicle while under the influence of intoxicating liquor, or under the combined influence of intoxicating liquor and any drug. Section 23220: It is unlawful for any person to drink any alcoholic beverage in any motor vehicle when such a vehicle is on the road. Section 23222: It is unlawful for any person to have in his possession on his person, while in a motor vehicle upon a highway, any bottle, can or other receptacle, containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which has been partially removed. Section 23225: It is unlawful for any person to keep in a motor vehicle, when such a vehicle is upon any highway, any "open container" unless such container is kept in the trunk of the vehicle, or kept in some other area not normally occupied by the driver or passengers. A utility compartment or glove compartment shall be considered to be within the area occupied by the driver and passenger. Section 23224: It is unlawful for any one under the age of 21 to possess or carry alcoholic beverages while a passenger in a motor vehicle. It is also unlawful for any one under the age of 21 to drive any motor vehicle carrying any alcoholic beverage. This section does not apply if the minor driver or passenger is accompanied by a parent or legal guardian. If the vehicle used in violation of this section is registered to the minor driver or passenger, the vehicle may be impounded at the owner's expense for not less than one day nor more than 20 days for each violation. Also, any person under 21 found guilty under this section shall have his driver's license suspended for not less than 15 days nor more than 30 days. (4) Penal Code Section 307: It is a misdemeanor to furnish, sell or provide candy, cake, cookies or gum with an alcohol content in excess of 2% by weight. Section 529.a: It is a misdemeanor to produce, manufacture, offer, sell of transfer a false or counterfeit certificate of birth or certificate of baptism. Section 529.5 It is a misdemeanor to produce, manufacture, sell offer or transfer a false State Identification Card or State Driver's License. |