Business and Professions Code 25665 BPC (Permitting a Minor in a Place Where Alcohol is Consumed)

Business and Professions Code 25665 makes it a crime for a minor to be allowed on the premises of a bar or nightclub where alcohol is sold for consumption. A violation is a misdemeanor punishable by up to 6 months in jail and fines of up to $1000.00.

The language of the statute reads that:

25665. Any licensee under an on-sale license issued for public premises, as defined in Section 23039, who permits a person under the age of 21 years to enter and remain in the licensed premises without lawful business therein is guilty of a misdemeanor. Any person under the age of 21 years who enters and remains in the licensed public premises without lawful business therein is guilty of a misdemeanor and shall be punished by a fine of not less than two hundred dollars ($200), no part of which shall be suspended.

The code section penalizes both the bar/nightclub and the minor.

Examples

• a nightclub does not check for IDs at the door and ends up letting in several patrons that are under the age of 21.
• Chantel, age 20, sneaks into a bar and socializes with other customers for the night.
• a bouncer of a club lets his friend in even though the friend is only 19.

Defenses

Luckily, there are several legal defenses that a person can raise if accused of a crime under this section. These include showing that an accused party was:

• not an on-sale premise;
• conducting lawful business; and/or,
• was arrested without probable cause.

Penalties

The owner of a bar or club that violates the statute in question will be charged with a misdemeanor (as opposed to a California felony or an infraction). The crime is punishable by:

• imprisonment in the county jail for up to six months; and/or,
• a maximum fine of $1,000.

A minor that violates the statute will be charged with a misdemeanor. The crime is punishable by a maximum fine of $200.

Our California criminal defense attorneys will explain the following in this article:

• 1. Is it a crime to allow minors where alcohol is served?
• 2. Are there defenses to Business & Professions Code 25665?
  • 2.1 Not an on-sale premise
  • 2.2 Conducting lawful business
  • 2.3 No probable cause
• 3. What are the potential consequences?
• 4. Related offenses
  • 4.1. Possession or presentation of a fake ID by a minor – BPC 25661
  • 4.2. Minor in possession of alcohol – BPC 25662
  • 4.3. Solicitating sale of alcohol – BPC 25657(a)

1. Is it a crime to allow minors where alcohol is served?

California Business and Professions Code 25665 BPC makes it a crime for either:

1. a bar or club to allow a minor on the establishment’s premises; or,
2. a minor to enter the premises of a bar or club.

Please note that both an establishment and a minor can violate this code section.

For a prosecutor to show that a business violated this statute, he must prove that the owner of a bar or club:

• was licensed to sell alcohol for consumption on the premises; and,
• it allowed a minor under the age of 21 to enter and remain in the bar/club.¹

For a prosecutor to show that a minor violated the law, he must prove that the minor:

• was under the age of 21; and,
• entered and remained in the bar/club without lawful business inside.²

This law applies to “on-sale premises.” California law defines an “on-sale premise” as an establishment that is licensed to sell beer, wine, and distilled spirits for consumption on the premises where they are sold.³ This typically means a bar or nightclub.

2. Are there defenses to Business & Professions Code 25665?

A person accused can challenge the accusation by raising a legal defense. A good defense can often get a charge reduced or even dismissed. Please note, though, that it is critical for an accused to hire an attorney to get the most effective defense.

Three common defenses are:

1. not an on-sale premise;
2. conducting lawful business; and/or,
3. no probable cause.

2.1. Not an on-sale premise

Please recall that Business and Professions Code 25665 only applies to “on-sale premises” (as defined above). This means it is a legal defense for an establishment to show that while it allowed a minor on its premises, it was not in fact an “on-sale premises.” This would apply, for example, to most liquor stores.

2.2. Conducting lawful business

Also recall, that in regard to a minor violating this section, a prosecutor must show that he entered and remained in a bar/club “without lawful business inside.” This means a person under the age of 21 can still enter a bar if he has some lawful business inside the establishment. A good example here is a minor that is legally aiding in the delivery of a keg, or cases of wine, to a club or bar.

2.3. No probable cause

The Fourth Amendment to the U.S. Constitution says that police must have probable cause before they can detain or arrest a suspect of a crime.

If a person was stopped or arrested, and there was no probable cause, then any evidence obtained following the improper stop/arrest could get excluded from the case. This exclusion could result in the dismissal or reduction in charges.

“Probable cause” essentially means that there is a reasonable belief that someone committed a crime (based on all of the circumstances).

3. What are the potential consequences?

The owner of a bar or club that violates BPC 25665 will be charged with a misdemeanor. The offense is punishable by:

• imprisonment in the county jail for up to six months; and/or,
• a maximum fine of $1,000.⁴

Please note that in lieu of jail time a judge may order a defendant to misdemeanor probation. This is also called “summary” or “informal” probation.

A minor who violates this section will be charged with a misdemeanor as well. The crime is punishable by a maximum fine of $200.⁵

4. Related Offenses

There are three crimes related to permitting a minor in a place where alcohol is consumed. These are:

1. minor possessing or presenting a fake ID – BPC 25661;
2. minor in possession of alcohol – BPC 25662; and,
3. soliciting sale of alcohol – BPC 25657(a).

4.1. Minor possessing or presenting a fake ID – BPC 25661

California Business and Professions Code 25661 makes it a crime for a minor to possess or present a false identification card.

A person is guilty under BPC 25661 if he is under the age of 21 and either:

1. presents a fraudulent ID to a business for the purpose of buying, or attempting to buy, alcohol; or,
2. possesses a false or fraudulent identification card.⁶

A violation of Business and Professions Code 25661 is charged as a misdemeanor.⁷ The offense is punishable by a maximum fine of $200.⁸

4.2. Minor in possession of alcohol – BPC 25662

Business and Professions Code 25662 BPC is the California statute governing the possession of alcohol by minors when in a public place.

A prosecutor must prove three things to successfully show that a minor is violating BPC 25662. These are:

1. The defendant was under the age of 21 (at the time of the incident);
2. The defendant possessed an alcoholic beverage; and,
3. The defendant was on a street, highway, public place, or a place open to the public.⁹

A first-time violation of BPC 25662 is treated as a California infraction. The offense is punishable by:

• a fine of $250, or
• 24-32 hours of community service.¹⁰

A second or subsequent violation of BPC 25662 is charged as a misdemeanor. The offense is punishable by:

• a maximum fine of $500, and/or
• 36-48 hours of community service.¹¹

4.3. Soliciting sale of alcohol – BPC 25657(a)

Business and Professions Code 25657(a) is the California statute that makes it a crime for the owner of a bar or club to hire or pay someone to solicit alcohol.

BPC 25657(a) says it is a criminal offense for a bar or club to:

1. employ a person to directly solicit the purchase of alcoholic drinks; or,
2. pay such a person a commission on the sale of alcoholic drinks.¹²

Please note that “solicit,” in the context of this statute, means to urge or request someone to drink alcohol.

Like Business and Professions Code 25665, BPC 25657(a) applies to “on-sale premises.” Again, California law defines an “on-sale premise” as an establishment that is licensed to sell beer, wine, and distilled spirits for consumption on the premises where they are sold.¹³ This typically means a bar or nightclub.

A violation of BPC 25657(a) is charged as a misdemeanor. The crime is punishable by:

• imprisonment in the county jail for up to six months; and/or,
• a maximum fine of $1,000.¹⁴

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