Selling Alcohol between 2am and 6am

It is unlawful for any business entity that has an on-premises or off-premises license to knowingly sell, give or deliver to any person an alcoholic beverage between the hours of 2am and 6am any day of the week.

What is the definition of an on-premise or off-premise license to sell alcohol as defined by Business and Professions Code 25631 BPC?

Liquor licenses provided by the Department of Alcohol Beverage and Control (ABC) are classified into three types: (1) Manufactures who distill, or brew; (2) Distributors who are wholesale that pick up the yields from manufacturers to deliver to stores; (3) Retailers who transact with customers for sale. At retail, ABC provides” on-premise “and ”off-premise“ liquor licenses. On-sale premise licenses allow customers to drink on the property. Off-sale premise license allows customers to drink off site but purchase on the premises.

License types 20 and 21 refer to off-sale premise licenses. Type 20 refer to packaging stores that allow the sale of beer and wine for consumption off the premises where the alcohol is sold minors or not allowed on the premises. Type 21 refers to packaging stores that allow the sale of beer, wine, and distilled spirits for consumption off the premises where alcohol is sold: Minors are not allowed on the premises.

License types 40, 41, 42, 47, 48, and 49 refer to on-sale premise licenses. Type 40 refers to bars and taverns that sell beer and food for consumption on or off the premises: Wine or Distilled spirits cannot be sold but Minors are allowed. Type 41 refers to restaurants deriving predominant sales from food, kitchens on-site, that sell beer, wine and food for consumption on or off the premises: Distilled spirits, except those used for cooking, cannot be sold, and Minors are not allowed. Type 42 refers to bars and taverns, not selling food, but that sell beer and wine for consumption on or off the premises: Distilled spirits cannot be sold and Minors are not allowed. Type 47 refers to restaurants deriving predominant sales from food, with on-site kitchens, that sell beer, wine and food for consumption off its premises: Minors are allowed. Type 48 refers to bars and nightclubs that sell beer, wine, and distilled spirits for consumption on the premises: Beer and Wine can be sold off the premises; and Minors are not allowed. Type 49 is a Type 47 license for a durative period (seasonal).

What is the mental state required for a violation of Business and Profession Code 25631 BPC?

The mental state required for a violation of Business and Professions Code 25631 BPC, is knowingly. Knowingly is the conscious understanding of an act, while objectively understanding the natural and probable consequences of the circumstances that would result. As applied to Business and Professions Code 25631 BPC, the State must prove, beyond a reasonable doubt, that a business entity is a holder of a license issued by the California Department of Alcohol and Beverage Control; and objectively understands the nature of their license; and by their own methods by the owner, employees, or affiliates furnish, sell, give an alcoholic beverage that is classified under that license; between the hours of 2am and 6am; and reasonably understand the natural and probable consequences that might result.

BPC 25631 – Sentencing 

A violation of Business and Professions Code 25631 BPC is a misdemeanor. Penalties include confinement not exceeding 1 year in jail; with fines not exceeding $1,000 dollars.

What are examples of violations under Business and Professions Code 25631 BPC?

1. “Food and Dimes,” was a Food Truck Festival in Los Angeles that staged local talent across the city, with the proceedings going towards the “March of Dimes” charity. Delano, owner of Sushi, Wings and Asada had a Type 47 license for its personal business but had to purchase a provisional permit to participate in the festival and sign the addendums and contracts associated for compliance to festivals. One of the provisions of the contract specified, “No alcohol sales will occur after 1am, as this is the end of the festival”. After the festival, as the customers were leaving the premises, Delano was giving away the remainder of his alcohol which amounted to 20 beers. A few nearby LAPD officers saw what was going on, especially since a few of the recipients were visibly drunk. Delano was arrested.
2. “Du Eats,” a microbrew located in Venice Beach, had a Type 21 license. It was owned by Derek. It was popular for its French, BBQ fusion tapas style cuisine. And it’s very “hoppy” flavored IPAs that boasted 12.5 alcohol per volume. Although the microbrew did not have inside seating it had open-social areas for which consumers and passersby could socialize and drink. It was Super Bowl weekend and on Saturday the facility was packed. The line was a mile long by 1am. By 2am the was still live, and the owner felt it was a good time to create good will; so, he continued to sell the IPAs at a discount which caused an IPA frenzy. Patrolling police stopped to inspect. Derek, and staff members passing out IPAs were arrested.

BPC 25631 – Defenses 

• Lack of authority / frolic – The accused breached established policies without consent or direction by the majority of staff, management or the owner.
• Voluntary Intoxication – The accused was intoxicated at the time of the offense and could not appreciate the nature of the violation.
• Not an alcoholic beverage as specified under Statute
• Supervening circumstances: SB 58 – The owner applied for a provisional license to sell alcohol during the times specified.

Selling Alcohol between 2am and 6am – Hire Us 

If you are charged with a violation of Business and Professions Code 25631 BPC, call Law Mart today.