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Frequently
Asked Questions - General Alcohol Regulation in California
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General Alcohol Regulation in the state
of California.
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Legal Age to Consume Alcohol
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21
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Legal Age to Pour Alcohol
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21 for bartenders and cocktail
servers, 18 to serve alcohol in a bonafide eating place, if working in
an area primarily designed and used for the sale and service of food,
and as an incidental part of a server's overall duties.
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Legal Age to Sell Alcohol
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In package stores employees ages
17 and younger may sell only if directly supervised by someone at least
21; otherwise 18. Employees in premises that sell alcohol and gasoline
must be 21 for sales between 10:00 p.m. and 2:00 a.m.
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Legal Age to Serve Alcohol
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21 for bartenders and cocktail
servers, 18 to serve alcohol in a bonafide eating place, if working in
an area primarily designed and used for the sale and service of food,
and as an incidental part of a server's overall duties.
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Limit for Driving While Intoxicated
Notice about BAC Limits
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.08
(DUI/DWI); Under 21 - .01; Commercial Driver
- .04
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Maximum Alcohol per Drink
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Not Regulated |
| Number of
Drinks
One Can Serve at One Time |
Not Regulated |
| State/Province Dram Shop
Liability Laws |
Yes - Limited |
| Social Host Liability Laws |
No |
Acceptable Forms of Identification
| The ABC recommends that
licensees accept only "Bona Fide" identification which are
currently valid, issued by a Government Agency and contain the following
criteria: |
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Name of Person, Photograph, Physical Description,
Date of Birth, Issued by a Governmental Agency, & Must be Valid (Not
Expired)
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| For additional
information see Section 25660 of the B&P Code. |
| Recommended Age for
Carding (not mandatory): |
Hours of Alcohol Sales
| On-Premise
Establishments |
Sales are permitted
between 6:00 a.m. and 2:00 a.m. of the next day, unless restricted by
special ABC conditions. |
| Retail Stores |
Sales are permitted
between 6:00 a.m. and 2:00 a.m. of the next day, unless restricted by
special ABC conditions. |
Policies Regarding ID Confiscation
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Under Section 25659, a licensee,
or his or her agent or employee, may seize any identification by a
person that shows to be under 21 or false, so long as a receipt is given
to the person from whom it was seized and the seized identification is
given over to the local law enforcement agency that has jurisdiction
over the premises within 24 hours.
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Policies Regarding Minors
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It is unlawful to serve or sell
alcohol to anyone under the age of 21. Persons under 21 years of age may
not enter and remain in any premises with a green-colored ABC license
except on lawful business. These premises are required to post a sign
visible from the exterior at each public entrance and another one inside
stating that no one under the age of 21 is allowed inside. Minors may
enter and remain in any licensed premises which has a pink-colored ABC
license.
Minors are not allowed to consume alcohol in the presence of their
parents or legal guardian under any circumstances, either on or off a
licensed premises, except that a very small amount of an alcoholic
beverage may be consumed in a bonafide religious service. The prohibition extends
to all locations in the state, not only within a licensed premises.
Those furnishing alcoholic beverages to minors face a misdemeanor charge
regardless of the location (except as described above.)
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Laws Regulating Server Training
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There are no state laws
regulating server training. Some cities or counties may require server
training as part of their Conditional Use Permit process (e.g., City of
Dana Point in Orange County). The Department of Alcoholic Beverage
Control offers a voluntary training program for licensees called LEAD
(Licensee Education on Alcohol and Drugs). This program focuses its
training efforts on new license applicants, licensees located in
high-crime areas, licensees who have violated ABC laws, major special
events and county fairs. This program is, however, open to all persons.
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Regulation of Non Alcohol Beer and Wine
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Formally there are no laws
regulating the sale of non-alcohol brew or non-alcohol wine
to minors; however, California authorities strongly recommend
establishments not make those sales. The beverage is not considered to
be an alcoholic beverage if it contains less than one-half of 1% alcohol
by volume.
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Summary of Liquor Liability Laws
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Following is a list of violations
and penalties:
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Minors in a public premises
(bar/green license): penalty for licensee is maximum penalty of
$1000 and/or 6 months in county jail
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Minors in a public premises
(bar): penalty for minor is fine not less than $200
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Sale during prohibited hours:
maximum penalty of $1000 and/or 6 months in county jail
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Sale to an intoxicated
person: maximum penalty of $1000 and/or 6 months in county jail
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Sale to a habitual drunkard:
maximum penalty of $1000 and/or 6 months in county jail
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Sale to minors: maximum
penalty of $250 and/or 24-32 hours Community Service
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Sale to minors - 2nd offense:
maximum penalty of $500 and/or 36-48 hours of Community Service
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Furnishing alcohol to a
minor: $1000 and 24 hours Community Service
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Furnishing alcohol to a minor
resulting in great bodily injury or death: minimum 6 months in jail
and/or maximum $1000 fine
ABC administrative penalties are determined on a case-by-case basis.
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Statute of Limitations
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The Statute of Limitations is one to three years
depending on the type of violation.
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Summary of Happy Hour Laws
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Licensees may not offer free
drinks, two-for-one drink specials or anything of value in conjunction
with the sale of an alcoholic beverage.
The law allows a licensee to offer a food and drink combination for a
special price as long as the drink is not free or complimentary. The
price paid for a meal alone must be less the price for a meal and an
alcoholic beverage together.
There is no difference between "happy hour," "drink
specials," and/or "promotions" as these are generic terms
used to describe reduced rates for drinks and are permitted as long as
the retailer charges a price for the drink which does not under-cut the
wholesale price paid.
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State Alcoholic Beverage Control Agency Contact Information
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