California

This is a supplement to the training materials presented in the Affordable Alcohol Training Responsible Beverage Service Education Program and must be reviewed.

Governing Liquor Authority:

State of California

Department of Alcoholic Beverage Control

3927 Lennane Drive, Suite 100

Sacramento, California 95834

Phone: 916-419-2513

Fax: 916-419-2516

Website: www.abc.ca.gov

Legal Age to Serve Alcohol:

21 years of age for cocktail servers

18 years of age for other servers

Legal Age to Pour Alcohol:

21 years of age

Legal Age to Consume Alcohol:

21 years of age

Legal Age to Sell Packaged Alcohol

18 years of age

Entry for Minors into a Liquor Establishment:

Minors are allowed on the premises of those establishments that operate under a pink colored license issued by the ABC.

Minors are prohibited from those establishments that operate under a green colored license issued by the ABC. (The only exception is for those minors who are there on lawful business.) These licensees must post signs stating that no one under the age of 21 is allowed inside. Signs should be posted at each public entrance in such a way that they are visible from the exterior. An interior sign is also required.

Legal Age for Employment:

18 years of age

Additional Notes Regarding Age:

Consent Laws (Parents Serving Minors):

No – A possible exception may be made for:

· Religious ceremonies: a minor may be allowed to consume a very small amount of alcohol as part of a bona fide religious ceremony or service.

Alcohol Service Hours:

Alcohol sales are allowed between the hours of 6am and 2am unless specifically prohibited by the ABC.

Acceptable ID’s:

Acceptable forms of identification are those that are considered to be bona fide IDs which are issued by a government agency, are currently valid (haven’t expired) and contain the following details:

· Name of the person.

· Photograph of the person.

· Physical description of the person.

· Date of birth of the person.

BAC for Operation of a Motor Vehicle:

.08

Dram Shop Laws:

No, although a licensee and/or server may be held civilly liable if they served a visibly intoxicated minor who then becomes injured or is killed because of being in the state of intoxication.

Confiscating False ID’s:

Yes.

Licensees and their employees are authorized to seize any ID that they believe to be false. A receipt must be given to the individual from whom the ID was seized and the confiscated ID must be turned over to local law enforcement within 24 hours.

Alcohol Service Restrictions on Time and Quantity:

Licensees:

· May not offer free drinks.

· May not offer two-for-one drink specials

· May not offer anything of value in conjunction with a drink.

Penalty for Serving and/or Selling Alcohol to a Minor:

Possible penalties for the sale of alcohol to a minor are:

· First violation: maximum fine of $250.00 and/or 24-32 hours of community service.

· Second violation: maximum fine of $500.00 and/or 36-48 hours of community service.

The penalty for furnishing alcohol to a minor is:

· A maximum fine of $1,000.00 and 24 hours of community service.

The penalty for furnishing alcohol to a minor that results in bodily injury or death is:

· A minimum of six months imprisonment and/or a maximum fine of $1,000.00.

Program State Approval Status:

Pending

State Certification Fees:

Required Training:

Training of employees is voluntary.

Re-certification Requirement:

Mitigation Benefit:

The Director of the ABC has the authority to impose lower penalties if a licensee can document that training was provided to the licensee and to the employees of the licensee.

California’s Governing Liquor Authority

California’s Governing Liquor Authority:

The State of California’s governing liquor authority is the Department of Alcoholic Beverage Control referred to as the ABC.
The phone number for the ABC is: 916-419-2513.
The website for the ABC is: www.abc.ca.gov.

California’s Legislature is the body responsible for enacting the state’s alcohol laws.
The ABC determines administrative penalties on a case-by-case basis.

Liquor License and Alcohol Beverage Laws for the State of California

California’s Department of Alcoholic Beverage Control requires:

Licensees to uphold all the liquor laws for the state of California.

Licensees to also be knowledgeable of and abide by any local ordinances as well.
Licensees to post a sign in a visible location stating the dangers of consuming alcohol by pregnant women.

Under California’s Alcohol Laws:

No distinction is made between the terms “happy hour,” “drink specials” and “promotions.” All these terms refer to reduced rates that are charged for alcoholic drinks. Reductions in price are lawful in California so long as the price charged is not below the wholesale cost of the drink.

Regarding alcohol service restrictions, licensees are prohibited from:

Offering free drinks.
Offering two-for-one drink specials.
Offering anything of value in conjunction with a drink.

Regarding alcohol service restrictions, licensees are allowed to:

Offer a combination of food and drink for a special price. The drink may not be complimentary or free and the price that would be charged for the meal alone must be less than the price of the meal and drink together.

Identification

Under California’s laws:

Licensees and their employees are authorized to seize any ID that they believe to be false or which shows that a person is under the age of 21. A receipt must be given to the individual from whom the ID was seized and the confiscated ID must be turned over to local law enforcement within 24 hours.

A person may have a legal defense for relying upon an ID if the following 6 elements about an ID are checked:

o The ID was issued by a governmental agency.

o The ID is valid – hasn’t expired.

o The ID shows the name of the person.

o The ID shows a photograph of the person.

o The ID shows the physical description of the person.

o The ID shows the date of birth of the person.

California’s Laws Regarding Age

Under California law:

A person must be at least 21 years old to purchase and consume alcohol.
Servers of alcohol who are strictly cocktail servers must be 21 years of age or older. Other servers may be 18 years of age or older.
Minors are allowed on the premises of those establishments that operate under a pink colored license issued by the ABC.
Minors are prohibited from those establishments that operate under a green colored license issued by the ABC. (The only exception is for those minors who are there on lawful business.) These licensees must post signs stating that no one under the age of 21 is allowed inside. Signs should be posted at each public entrance in such a way that they are visible from the exterior. An interior sign is also required.
It is illegal to sell alcohol to a minor and doing so can result in a misdemeanor charge.
Minors are prohibited from consuming alcohol anywhere in the state (either licensed or non licensed establishments). A possible exception may be made for:

o Religious ceremonies: a minor may be allowed to consume a very small amount of alcohol as part of a bona fide religious ceremony or service.

Dram Shop Laws for the State of California

Dram Shop Liability:

California recognizes consumption of alcohol to be the proximate cause of injury or damages due to the actions of intoxicated customers rather than the service of alcohol.
The licensee and/or the server may be held civilly liable if they served a visibly intoxicated minor who then becomes injured or is killed because of being intoxicated.

Penalties for Violations in the State of California

Possible penalties for the sale of alcohol to a minor are:

First violation: maximum fine of $250.00 and/or 24-32 hours of community service.
Second violation: maximum fine of $500.00 and/or 36-48 hours of community service.

The penalty for furnishing alcohol to a minor is:

A maximum fine of $1,000.00 and 24 hours of community service.

The penalty for furnishing alcohol to a minor that results in bodily injury or death is:

A minimum of six months imprisonment and/or a maximum fine of $1,000.00.

The penalty to the minor for being in a public premises (establishment that holds a bar license that is green colored) is:

A minimum fine of $200.00.

The penalty to the licensee for a minor being in a public premises (establishment that holds a bar license that is green colored) is:

A maximum fine of $1,000.00 and/or six months imprisonment.

The penalty for the sale of alcohol during prohibited hours is:

A maximum fine of $1,000.00 and/or six months imprisonment.

The penalty for the sale of alcohol to an intoxicated individual is:

A maximum fine of $1,000.00 and/or six months imprisonment.

The penalty for the sale of alcohol to a habitual drunk individual is:

A maximum fine of $1,000.00 and/or six months imprisonment.

ADDENDUM: CALIFORNIA LAW

25602.

(a) Every person who sells, furnishes, gives, or causes to be sold, furnished, or given away, any alcoholic beverage to any habitual or common drunkard or to any obviously intoxicated person is guilty of a misdemeanor.

(b) No person who sells, furnishes, gives, or causes to be sold, furnished, or given away, any alcoholic beverage pursuant to subdivision (a) of this section shall be civilly liable to any injured person or the estate of such person for injuries inflicted on that person as a result of intoxication by the consumer of such alcoholic beverage.

(c) The Legislature hereby declares that this section shall be interpreted so that the holdings in cases such as Vesely v. Sager (5 Cal. 3d 153), Bernhard v. Harrah’s Club (16 Cal. 3d 313) and Coulter v. Superior Court (____ Cal. 3d ____) be abrogated in favor of 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.

25602.1.

Notwithstanding subdivision (b) of Section 25602, a cause of action may be brought by or on behalf of any person who has suffered injury or death against any person licensed, or required to be licensed, pursuant to Section 23300, or any person authorized by the federal government to sell alcoholic beverages on a military base or other federal enclave, who sells, furnishes, gives or causes to be sold, furnished or given away any alcoholic beverage, and any other person who sells, or causes to be sold, any alcoholic beverage, to any obviously intoxicated minor where the furnishing, sale or giving of that beverage to the minor is the proximate cause of the personal injury or death sustained by that person.

1714.

(a) Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself. The design, distribution, or marketing of firearms and ammunition is not exempt from the duty to use ordinary care and skill that is required by this section. The extent of liability in these cases is defined by the Title on Compensatory Relief.

(b) It is the intent of the Legislature to abrogate the holdings in cases such as Vesely v. Sager (1971) 5 Cal.3d 153, Bernhard v. Harrah’s Club (1976) 16 Cal.3d 313, and Coulter v. Superior Court (1978) 21 Cal.3d 144 and to reinstate the prior judicial interpretation of this section as it relates to proximate cause for injuries incurred as a result of furnishing alcoholic beverages to an intoxicated person, namely that the furnishing of alcoholic beverages is not the proximate cause of injuries resulting from intoxication, but rather the consumption of alcoholic beverages is the proximate cause of injuries inflicted upon another by an intoxicated person.

(c) No social host who furnishes alcoholic beverages to any person may be held legally accountable for damages suffered by that person, or for injury to the person or property of, or death of, any third person, resulting from the consumption of those beverages.