Soliciting the Sale of Alcohol

What is the definition of Soliciting the Sale of Alcohol under California Business Professions Code 25657(a)?

It is unlawful for any person to employ, upon any licensed on-sale premises, any person for the purpose of procuring or encouraging the purchase or sale of alcoholic beverages, or to pay any such person a percentage or commission on the sale of alcoholic beverages for procuring or encouraging the purchase or sale of alcohol.

What is the definition of employ, in scope of California Business and Profession Code Section 25657(a)?

A business that is licensed to sell alcohol cannot pay another to encourage others to drink at their establishment. Examples of this would be servers, cooks, wait staff or bouncers.

Do contract workers apply under the employment definition under the California BPC 25657(a)?

Yes, if it is a pay for use of the premises service or a split of profit agreement for sales made. Examples of this would include tender of payment toward musicians, patrons, prostitutes to entice patrons to purchase more alcohol by the facilitation of the company.

What about the definition of California BPC 25657(b)?

It is unlawful in any place of business where alcoholic beverages are sold to be consumed upon the premises, to employ or knowingly permit anyone to loiter in or about said premises for the purpose of begging or soliciting any patron or customer of, or visitor in, such premises to purchase any alcoholic beverages for the one begging or soliciting.

Do contract workers apply under the employment definition under the California BPC 25657(b) like it does with BPC 25657(a)?

Yes. But there is a component of begging to accrue the solicitation element. If someone is arrested on the property holding the licenses for begging as a form of solicitation to get a drink or loitering to beg to get the same then California Penal Code Section 25657(b) applies.

What qualifies as begging to trigger a criminal charge under California Penal Code Section 303(a) and a violation of BPC 25657(b)?

Repeatedly asking, nagging or leaching patrons or passerbys at nearby areas owned by or on the premises owned by the person or entity operating the licensed establishment where the drink will be purchased.

Penalties – California BPC 25657 

What are the penalties associated with a violation of California BPC 25657(a) and (b)?

Any violation of California Business and Professions Code Section 25657(a) and or California Business and Professions Code Section 25657(b) is a misdemeanor. This includes confinement up to six months in jail and a fine of up to $1000 dollars.

Is probation offered for any violation of California BPC 25657(a) and (b)?

Yes. It is important to note that because a business entity or person who leases or owns the property to the establishment in violation of the statute can lose their liquor license, probation or suspension of the license is a better choice than a conviction of jail time.

Examples – California BPC 25657 

What are examples of the violation of California BPC 25657(a) and (b)?

1. Peggy, a long-term patron of a neighborhood bar, comes to the bar with friends and talks a group of four men into a $1500 liquor tab by conversation, while enjoying free drinks. One of the men drinking is stopped for a DUI, and his attorney by discovery determines his client was encouraged by Peggy and her friends to drink. His attorney requested leniency in lieu of proving charges of California Business and Professions Code Section 25657(b) against the bar owner and Peggy. Charges are filed by the City Attorney.
2. Eddy, the owner of a jazz club allows a trumpet player to perform in front of his establishment with no charge in exchange for motivating his growing fan base to purchase whiskey shots during the musician’s breaks. The jazz club owner sees this as a way of generating revenue. The jazz club owner, after two weeks, does not see any use of allowing the musician to play on his premises after an argument. The musician goes to the local sheriff’s office and details the arrangement. The sheriffs send a decoy posing as a musician who is hired by the jazz club owner under the same arrangement. After confirmation of the agreement by the decoy, the jazz club owner is arrested.

What are some of the common defenses to a violation of California BPC 25657(a) or(b)?

1. The beggar or one soliciting was an uninvited guest.
2. Lack of knowledge of employee’s frolic.

Need a Lawyer? 

If you are charged with Soliciting the Sale of Alcohol under California BPC 25657, call Law Mart. Catering event companies, restaurant management companies, and promoters are encouraged to contact criminal defense.

Our experienced Criminal Defense Attorney will be sure to fight until the end to reduce or drop your charges completely.