Business & Professions Code § 25608 BP (Alcoholic Beverages at a Public Educational Facility)

California Business and Professions Code § 25608 BP makes it a crime to bring alcohol into a public schoolhouse or onto the school grounds. Doing so is a misdemeanor punishable by up to 6 months in jail and a fine of up to $1000.00.

In this article, we will quote the full language of the code section and then provide a legal analysis. The code section states that:

(a) Every person who possesses, consumes, sells, gives, or delivers to another person an alcoholic beverage in or on a public schoolhouse or the grounds of the schoolhouse, is guilty of a misdemeanor. This section does not, however, make it unlawful for a person to acquire, possess, or use an alcoholic beverage in or on a public schoolhouse, or on the grounds of the schoolhouse, if any of the following applies:

(1) The alcoholic beverage possessed, consumed, or sold, pursuant to a license obtained under this division, is wine or beer that is produced by a bonded winery or brewery owned or operated as part of an instructional program in viticulture and enology or brewing.

(2) The alcoholic beverage is acquired, possessed, or used in connection with a course of instruction given at the school and the person has been authorized to acquire, possess, or use it by the governing body or other administrative head of the school.

(3) The public schoolhouse is surplus school property and the grounds of the schoolhouse are leased to a lessee that is a general law city with a population of less than 50,000, or the public schoolhouse is surplus school property and the grounds of the schoolhouse are located in an unincorporated area and are leased to a lessee that is a civic organization, and the property is to be used for community center purposes and no public school education is to be conducted on the property by either the lessor or the lessee and the property is not being used by persons under the age of 21 years for recreational purposes at any time during which alcoholic beverages are being sold or consumed on the premises.

(4) The alcoholic beverages are acquired, possessed, or used during events at a college-owned or college-operated veterans stadium with a capacity of over 12,000 people, located in a county with a population of over 6,000,000 people. As used in this paragraph, “events” mean football games sponsored by a college, other than a public community college, or other events sponsored by noncollege groups.

(5) The alcoholic beverages are acquired, possessed, or used during an event not sponsored by any college at a performing arts facility built on property owned by a community college district and leased to a nonprofit organization that is a public benefit corporation formed under Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code. As used in this paragraph, “performing arts facility” means an auditorium with more than 300 permanent seats.

(6) The alcoholic beverage is wine for sacramental or other religious purposes and is used only during authorized religious services held on or before January 1, 1995.

(7) The alcoholic beverages are acquired, possessed, or used during an event at a community center owned by a community services district or a city and the event is not held at a time when students are attending a public school-sponsored activity at the center.

(8) The alcoholic beverage is wine that is acquired, possessed, or used during an event sponsored by a community college district or an organization operated for the benefit of the community college district where the college district maintains both an instructional program in viticulture on no less than five acres of land owned by the district and an instructional program in enology, which includes sales and marketing.

(9) The alcoholic beverage is acquired, possessed, or used at a professional minor league baseball game conducted at the stadium of a community college located in a county with a population of less than 250,000 inhabitants, and the baseball game is conducted pursuant to a contract between the community college district and a professional sports organization.

(10) The alcoholic beverages are acquired, possessed, or used during events at a college-owned or college-operated stadium or other facility. As used in this paragraph, “events” means fundraisers held to benefit a nonprofit corporation that has obtained a license pursuant to this division for the event. “Events” does not include football games or other athletic contests sponsored by any college or public community college. This paragraph does not apply to any public education facility in which any grade from kindergarten to grade 12, inclusive, is schooled.

(11) The alcoholic beverages are possessed, consumed, or sold, pursuant to a license, permit, or authorization obtained under this division, for an event held at an overnight retreat facility owned and operated by a county office of education or a school district at times when pupils are not on the grounds.

(12) The grounds of the public schoolhouse on which the alcoholic beverage is acquired, possessed, used, or consumed is property that has been developed and is used for residential facilities or housing that is offered for rent, lease, or sale exclusively to faculty or staff of a public school or community college.

(13) The grounds of a public schoolhouse on which the alcoholic beverage is acquired, possessed, used, or consumed is property of a community college that is leased, licensed, or otherwise provided for use as a water conservation demonstration garden and community passive recreation resource by a joint powers agency comprised of public agencies, including the community college, and the event at which the alcoholic beverage is acquired, possessed, used, or consumed is conducted pursuant to a written policy adopted by the governing body of the joint powers agency and no public funds are used for the purchase or provision of the alcoholic beverage.

(14) The alcoholic beverage is beer or wine acquired, possessed, used, sold, or consumed only in connection with a course of instruction, sponsored dinner, or meal demonstration given as part of a culinary arts program at a campus of a California community college and the person has been authorized to acquire, possess, use, sell, or consume the beer or wine by the governing body or other administrative head of the school.

(15) The alcoholic beverages are possessed, consumed, or sold, pursuant to a license or permit obtained under this division for special events held at the facilities of a public community college during the special event. As used in this paragraph, “special event” means events that are held with the permission of the governing board of the community college district that are festivals, shows, private parties, concerts, theatrical productions, and other events held on the premises of the public community college and for which the principal attendees are members of the general public or invited guests and not students of the public community college.

(16) The alcoholic beverages are acquired, possessed, or used during an event at a community college-owned facility in which any grade from kindergarten to grade 12, inclusive, is schooled, if the event is held at a time when students in any grades from kindergarten to grade 12, inclusive, are not present at the facility. As used in this paragraph, “events” include fundraisers held to benefit a nonprofit corporation that has obtained a license pursuant to this division for the event.

(17) The alcoholic beverages are acquired, possessed, used, or consumed pursuant to a license or permit obtained under this division for special events held at facilities owned and operated by an educational agency, a county office of education, superintendent of schools, school district, or community college district at a time when pupils are not on the grounds. As used in this paragraph, “facilities” include, but are not limited to, office complexes, conference centers, or retreat facilities.

(b) Any person convicted of a violation of this section shall, in addition to the penalty imposed for the misdemeanor, be barred from having or receiving any privilege of the use of public school property that is accorded by Article 2 (commencing with Section 82537) of Chapter 8 of Part 49 of Division 7 of Title 3 the Education Code.

Examples of illegal acts:

• A dad takes his 3^rd grader to school for “Bingo Night” and brings a beer concealed in a paper bag.
• A mom joins her son at his school for a holiday concert and sneaks in wine that she poured into a coffee mug.
• a man carries a flask full of hard alcohol into a community college football game, which takes place on college grounds.

There are several legal defenses that you can raise if accused of bringing an alcoholic beverage into a public school. These include showing that you:

• fall within an exception;
• were not on the grounds of a public schoolhouse; and/or,
• were arrested after an unlawful search and seizure.

Penalties:

A violation of this section is charged as a misdemeanor (as opposed to a California felony or an infraction). The crime is punishable by:

• imprisonment in the county jail for not more than six months; and/or,
• a maximum fine of $1,000.

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

• 1. Is it a crime to bring alcohol to a public school in California?
• 2. What defenses can I assert?
  • 2.1. Exception
  • 2.2. Not on school grounds
  • 2.3. Unlawful search and seizure
• 3. What are the penalties for Business & Professions Code 25608?
• 4. Related offenses
  • 4.1. Contributing to the delinquency of a minor – PC 272
  • 4.2. Lewdness or intoxication in the presence of a child – PC 273(g)
  • 4.3. Public intoxication – PC 647(f)

1. Is it a crime to bring alcohol to a public school in California?

Business and Professions Code 25608 BPC makes it a crime for you to

• possess,
• consume,
• sell,
• give, or
• deliver

an alcoholic beverage while in a public schoolhouse, or while on the grounds of the public schoolhouse.¹

Please note that there are a few exceptions to this general rule. And, they are specifically listed in the language of the statute.

Some exceptions where alcohol is allowed at a school include:

• when it is used as part of an instructional program in viticulture (or the study of grape cultivation);
• when it is served during an event where students are not attending class;
• when it is used in connection with a course of study and you are authorized to possess, acquire, or use it; and,
• when it is served, possessed, or provided as part of a culinary arts (or food-making) program.²

2. What defenses can I assert?

If you are accused under 25608 BP, you 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 you to hire an attorney to get the most effective defense.

Three common defenses are:

1. an exception applies;
2. not on school grounds; and/or,
3. unlawful search and seizure.

2.1. Exception

Please recall that there are exceptions to the general rule against bringing alcohol onto a public school campus or event. These exceptions are specifically listed in the statute. Therefore, it is a solid legal defense for you to show that you are innocent of a crime because you fall within one of these exceptions.

2.2. Not on school grounds

Again, recall that alcohol is not allowed in a public schoolhouse or on its grounds. Several school events though (such as sporting events), take place off the grounds of a school. In these circumstances, the prohibitions under 25608 BP would not apply because the facts do not involve a situation that includes the grounds of a public schoolhouse.

2.3. Unlawful search and seizure

The Fourth Amendment to the U.S. Constitution declares that we have the right to be free from unreasonable “searches and seizures” by law enforcement. If authorities obtain evidence from an unreasonable, or unlawful search and seizure, then that evidence can get excluded from a criminal case. This means that any charges in the case could get reduced or even dismissed.

The Fourth Amendment’s rule against unreasonable search and seizures means that police may not search your property unless one of the following is true:

1. they have obtained a valid search warrant from a judge, or
2. the search falls within one of a number of exceptions to the warrant requirement recognized by federal and California courts.³

3. What are the penalties for Business & Professions Code 25608?

A violation of Business and Professions Code 25608 is charged as a misdemeanor.⁴ The crime is punishable by:

• imprisonment in the county jail for not more than six months; and/or,
• a maximum fine of $1,000.

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

4. Related Offenses

There are three crimes related to bringing alcohol into a public educational facility. These are:

1. contributing to the delinquency of a minor – PC 272;
2. lewdness or intoxication in the presence of a child – PC 273(g); and,
3. public intoxication – PC 647(f).

4.1. Contributing to the delinquency of a minor – PC 272

Contributing to the delinquency of a minor is a crime per California Penal Code 272.

The offense occurs when you act, or fail to act, and as a result a minor becomes:

• a dependent of the juvenile court system;
• a juvenile delinquent; or
• a habitual truant.⁵

A violation of Penal Code 272 is a misdemeanor.⁶

The possible penalties include

• up to one year in county jail, and/or
• a fine of up to $2,500.⁷

4.2. Lewdness or intoxication in the presence of a child – PC 273(g)

California Penal Code 273(g) PC is the California statute prohibiting acting in a lewd manner and/or being intoxicated in the presence of a child.

Penal Code 273(g) says that it is a crime if you do the following:

1. have the care or custody of a child, and either
2. act in any “degrading, lewd, immoral or vicious” manner, or
3. are “habitually drunk.”⁸

Whether or not you act in a “degrading, lewd, immoral or vicious” way is a question of fact. This means a judge or jury will make the decision on whether certain behavior is unlawful after considering all of the details in a case.

Further, a California court has ruled that PC 273(g), as it relates to being “habitually drunk,” is unconstitutional.⁹ The court found it to be unconstitutional because the phrase “habitually drunk” is vague, uncertain, and ambiguous.¹⁰

Penal Code 273(g) has not been amended or changed since this court ruling. This means there is some uncertainty as to whether the intoxication portion is still a valid law.

A violation of PC 273(g) is charged as a misdemeanor. The crime is punishable by:

• imprisonment in the county jail for not more than six months; and/or,
• a maximum fine of $1,000.¹¹

4.3. Public Intoxication – PC 647(f)

Penal Code 647(f) PC is known as California’s “drunk in public” (or “public intoxication”) law.

You violate PC 647(f) if you are so drunk that you:

1. are unable to exercise care for your safety or the safety of others, or
2. interfere with, obstruct, or prevent others from using streets, sidewalks, or other “public ways.”¹²

Drunk in public is a misdemeanor in California.¹³ If convicted, you may face the following:

• up to six months in county jail, and/or
• a fine of up to $1,000.¹⁴

For further help…

If you or someone you know has been accused of a crime under Business and Professions Code 25608, we invite you to contact us for a consultation.

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