Bringing Alcoholic Beverages into a Public Educational Facility

It is unlawful for any person to possess, consume, sell, give, or deliver to another person, an alcoholic beverage in, on, or adjacent to a public schoolhouse or the grounds of the schoolhouse: and does so without authority, permit or consent.

What is the definition of a schoolhouse or public educational facility under Business and Professions Code 25608 BPC?

A schoolhouse or public educational facilities are primary or secondary schools or institutions governed by the California Department of Education or recognized by an administration affiliated by the California Department of Education; including the California State Board of Education.

What is the mental state required for a violation of Business and Professions Code 25608 BPC?

The mental state required under Business and Professions Code 25608 is intentional. This requires that the accused consciously desired on purpose to subjectively complete the act in question and was reasonably aware from an objective standpoint of the natural and probable consequences that would result. The State must prove, beyond a reasonable doubt, that the accused was consciously aware that she was in possession of or consuming an alcoholic beverage; and was consciously aware that the possession or consumption was on a public educational facility, or premises associated with the public educational facility; and did so without authority, permit or consent; and is reasonably aware of the natural and probable consequences that would result.

When are alcoholic beverages permissible at a schoolhouse or public entity under Business and Professions Code 25608 BPC?

Alcoholic beverages are permissible when:

1. the alcohol is consumed or possessed in part of an school program for wine making or brewing beer;
2. in connection for student body organization that was sanctioned for the consumption its student organization; the alcohol is consumed or possessed on the premises of a private organization that leases the property to the school for non-educational purposes for the enjoyment of those over the age of 21 years of age in a population over 6,000,000 million people;
3. the alcohol is consumed or possessed at a undergraduate college sporting facility with a capacity over 12,000 people in an area with a population of people over 6,000,000 million; the alcohol is consumed or possessed at a college arts performing arts facility built for the purposes of hosting artistic events not affiliated with the school that has more than 300 seats;
4. the alcohol is consumed or possessed for sacramental purposes at a designated religious facility for sanctioned religions purposes;
5. the alcohol is consumed or possessed at a community service event for a school purpose at non-school operating hours; the alcohol is consumed or possessed for a hosting event to support an instructional program for wine making within a radius of 5 acres;
6. the alcohol is consumed or possessed;
7. the alcohol is consumed or possessed at a minor league baseball game at a community college in an area less than 250,000 thousand;
8. the alcohol is consumed or possessed on a college owned facility for a undergraduate college related event for an undergraduate college related event not related to sports;
9. the alcohol is consumed or possessed off main school campus for an overnight retreat event and the property is owned by the school district or county with minors not present;
10. the alcohol is consumed or possessed on property used to entertain public school or community college staff;
11. the alcohol is consumed or possessed on community college property used for recreational and conservation purposes and the alcohol was purchased with non-school funds;
12. the alcohol is consumed or possessed at a community college program associated with a culinary arts class;
13. the alcohol is consumed or possessed at a festival or event at a community college and the attendees are the general public;
14. the alcohol is consumed or possessed at a fundraiser for primary or secondary school purposes and students are not present; the alcohol is consumed or possessed at an event sponsored by an agency associated with an school regulator agency.

BPC 25608 – Sentencing 

The penalties for a violation of Business and Professions Code 25608 BPC are chargeable as a misdemeanor. The penalties include confinement not exceeding 1 year in jail; with fines not exceeding $1000 dollars.

What are examples of violations of Business and Professions Code 25608 BPC?

1. The High-Water Investment Club had an end of year school party for the end of the Fall Semester. It was an MBA investment club associated with a public-school MBA program. The club president did not register the club with the school. It was a loosely created Club devoted to Futures Option Trading against bonds. As student members brought their own alcohol to the event from their cars, a security guard called the police. The police officer arrested all the parties intoxicated or in possession of alcohol.
2. It was the final game of the year at the St. Jude’s High School Tournament Finals, St. Jude’s was playing against Damion High School. The parents were having a tailgate party during the game. During the festivities, the Sheriffs arrived. Once arrived, the Sheriffs asked the school Dean if the tailgate had a permit. The dean confirmed the tailgate was not permitted. The Sheriffs disbanded the party and issued citations to those possessing alcohol at the tailgate; but arrested those who were visibly intoxicated or seen consuming alcohol.

BPC 25608 – Defenses 

1. Diminished Actuality – The accused was too intoxicated prior to entering a public educational facility to remember or acquire the purposeful intent required to violate the Statute.
2. Not an Alcoholic Drink
3. Lack of Due Process / Constructive Notice – a) The accused had a permit, or authority and the arresting officer’s omission to act and check the clearance or permits was a violation of Due Process. b) Constructive notice by banners or proof of sponsorship.

Alcoholic Beverages at a Public Educational Facility – Hire Us 

If you are charged with a violation of Business and Professions Code 25608 BPC, call Law Mart today.