Sale of Alcohol After Hours
Violation of Business and Professions Code 25631 BPC
The California Business and Professions Code 25631 BPC establishes a legal provision that makes it a criminal offense for establishments such as liquor stores, bars, or clubs to sell alcohol between the hours of 2:00 a.m. and 6:00 a.m. This offense is classified as a misdemeanor and can result in various penalties, including up to six months of imprisonment and fines up to $1000.00.
Commonly referred to as the "CA 2am alcohol law," this statute aims to regulate the sale and consumption of alcoholic beverages during specific hours.
The language of the statute is as follows:
25631. Any licensee engaged in on- or off-sale activities, or any agent or employee of such licensee, who sells, gives, or delivers alcoholic beverages to individuals between 2 o’clock a.m. and 6 o’clock a.m. on the same day, is considered guilty of a misdemeanor. Additionally, any person who knowingly purchases alcoholic beverages during this time frame is also subject to the same offense. It is important to note that on the day of a time change from Pacific Standard Time to Pacific Daylight Saving Time, or vice versa, "2 o'clock a.m." refers to two hours after midnight of the preceding day.
Examples of violations include a nightclub selling one last margarita to a patron after closing time at 2:07 a.m., a bar owner opening the doors at 5:45 a.m. on July 4th to celebrate the holiday, or a liquor store continuing to sell alcohol until 4:30 a.m. on Labor Day.
Fortunately, individuals accused of violating this law have several legal defenses at their disposal. These defenses may include demonstrating that the accused party was not a licensee engaged in on- or off-sale activities, proving that a confession was coerced, or asserting that the arrest was made without probable cause.
If found guilty of violating this statute, the penalties imposed are in the form of a misdemeanor offense, as opposed to a felony or an infraction. The potential consequences include imprisonment in a county jail for up to six months and/or a maximum fine of $1,000.
Selling Alcohol After Hours: Understanding California's Laws
In California, the sale of alcohol after permitted hours is regulated by the California Business and Professions Code 25631 BPC.
According to the law, it is considered a criminal offense if:
- An individual, who is either an on- or off-sale establishment, agent, or employee of such premises,
- Sells, gives, or delivers alcohol to another person between the hours of 2:00 a.m. and 6:00 a.m.
An "on-sale premise" refers to an establishment that holds a license to sell beer, wine, and distilled spirits for consumption on the premises, typically referring to bars or nightclubs.
On the other hand, an "off-sale premise" refers to an establishment that holds a license to sell alcohol for consumption off the premises, typically referring to liquor stores.
Defenses to Business & Professions Code 25631:
If accused of violating this statute, individuals have the right to challenge the accusation by presenting a legal defense. It is crucial to consult a knowledgeable criminal defense attorney to ensure an effective defense.
Three common defenses include:
-
Not an on- or off-sale licensee:
It is a valid defense for a defendant to prove that they were not an on- or off-sale licensee. For instance, if an individual who is not associated with a licensed establishment sells alcohol to a friend after hours. -
Coerced confession:
If a defendant is charged based on a confession, they can assert a defense if they can demonstrate that the confession was coerced. California law prohibits law enforcement from using oppressive tactics to obtain a confession. If coercion is proven, the confession may be excluded as evidence, or the case may be dismissed if the confession was obtained under pressure to admit to a crime the defendant did not commit. -
No probable cause:
Under the Fourth Amendment of the U.S. Constitution, law enforcement must have probable cause before detaining or arresting a suspect for a crime. If a person is stopped or arrested for violating BPC 25631 without probable cause, any evidence obtained after the improper stop or arrest may be excluded from the case. This exclusion could potentially lead to the dismissal or reduction of charges.
"Probable cause" refers to a reasonable belief that an individual has committed a crime based on the circumstances surrounding the situation.
Understanding California's Laws on Selling Alcohol After Hours
In California, the sale of alcohol after permitted hours is regulated by the California Business and Professions Code 25631 BPC. Violating this statute can result in criminal charges and penalties.
Penalties for Violations:
A violation of Business and Professions Code 25631 is considered a misdemeanor offense. The potential penalties for this crime include:
- Up to six months of imprisonment in the county jail
- A maximum fine of $1,000
It's important to note that instead of jail time, a judge may order the defendant to misdemeanor probation, also known as "summary" or "informal" probation.
Related Offenses:
There are three crimes related to the sale of alcohol after permitted hours. These offenses are:
1. Alcoholic Beverages at a Public Educational Facility - BPC 25608:
Under Business and Professions Code 25608, it is a crime to consume, sell, give, or deliver an alcoholic beverage in a public schoolhouse or on its grounds. There are exceptions to this rule, such as alcohol being allowed on school grounds if it was acquired, possessed, or used at a performing arts facility or served during an event when classes are not in session.
A violation of BPC 25608 is charged as a misdemeanor and can result in:
- Up to one year of imprisonment in the county jail
- A maximum fine of $1,000
2. Drunk in Public - PC 647(f):
California Penal Code 647(f), also known as the "drunk in public" or "public intoxication" law, makes it a crime to be unable to exercise care for one's own safety or the safety of others, or to interfere with, obstruct, or prevent others from using public ways.
Drunk in public is considered a misdemeanor offense. If convicted, the potential penalties include:
- Up to six months in county jail
- A fine of up to $1,000
3. Open Container Laws - VC 23221-23229:
California Vehicle Code sections 23221-23229, known as the "open container" laws, prohibit driving with an alcoholic beverage in the car that has been opened, even if it has not been consumed.
A violation of these open container laws is typically charged as an infraction, punishable by a maximum fine of $250. However, if the defendant is a driver or a passenger under 21 years of age, they may be charged with a misdemeanor and face:
- Up to six months in jail
- A maximum fine of $1,000
If you or someone you know is facing charges under Business and Professions Code 25631 BPC, it is essential to seek legal assistance. Contact us for a free consultation, available 24/7.
Relevant Statotury References and Case Law:
- California Business and Professions Code 25631 BPC
- California Business and Professions Code 23399 BPC
- California Business and Professions Code 25617 BPC
- California Business Code 25608 BPC
- See same.
- California Business and Professions Code 25617 BPC
- California Penal Code 647(f) PC
- See same.
- California Penal Code 19 PC
- California Vehicle Code 23221 VC
- People v. Oppenheimer (1974) 42 Cal.App.3d Supp. 4
- See California Vehicle Code 23224 VC