Business & Professions Code § 25657 – Soliciting the Sale of Alcohol

Under California Business and Professions Code § 25657, it is a criminal offense to permit people to loiter and solicit alcohol from patrons at a place of business where alcohol is sold and consumed.

A conviction is a misdemeanor with a maximum sentence of up to 6 months in jail and up to $1000.00 in fines.

The language of the code section state that:

25657. It is unlawful:

(a) 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 alcoholic beverages on such premises.

(b) 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.

Every person who violates the provisions of this section is guilty of a misdemeanor.

Examples

• a nightclub hires female models solely to urge male guests to buy alcoholic drinks
• a bar hires a salesman and pays him a commission on the number of drinks he can influence bar patrons to buy
• a club owner hires a man and woman to interact with guests and influence them to buy shots of hard liquor

Defenses

Luckily, there are several legal defenses that a person can raise if accused of a crime under this section. These include showing that an accused party was:

• not an on-sale premise;
• not directly soliciting alcoholic drinks; and/or,
• entrapped.

Penalties

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

• a county jail sentence of up to six months; and/or,
• a maximum fine of $1,000.

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

• 1. What does it mean to employ a person to solicit the sale of alcohol?
• 2. What are the best defenses?
  • 2.1 Not an on-sale premise
  • 2.2 Not directly soliciting alcohol
  • 2.3 Entrapment
• 3. What is the punishment for Business & Professions Code 25657?
• 4. Related offenses
  • 4.1 Possession or presentation of a fake ID by a minor – BPC 25661
  • 4.2 Minor in possession of alcohol – BPC 25662
  • 4.3 Permitting minor in place where alcohol is consumed – BPC 25665

1. What does it mean to employ a person to solicit the sale of alcohol?

Business and Professions Code 25657 BPC is the California statute that applies to bars and clubs and those establishments soliciting the sale of alcohol.

Under the provisions of this section, it is unlawful for a bar or club to:

1. employ a person to directly solicit the purchase of alcoholic drinks (intoxicating liquors made by distillation); or,
2. pay such a person a commission on such sale of alcoholic drinks.¹

This section applies to “on-sale premises.” California law defines an “on-sale premise” as an establishment that has a liquor license to sell

• beer,
• wine,
• malt beverages, and
• distilled spirits for consumption on the premises where they are sold.²

This typically means a bar or nightclub.

Please note that “solicit,” in the context of this statute, means to urge or request someone to drink alcohol. By law, this section only applies to the direct solicitation of such beverages.³ This means a person is employed or paid to solely solicit the sale of alcohol.

2. What are the best defenses?

A person accused 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 an accused to hire an attorney to get the most effective defense.

Three common defenses are:

1. not an on-sale premise;
2. not directly soliciting drinks; and/or,
3. entrapment.

2.1 Not an on-sale premise

Please recall that this section only applies to “on-sale premises” (as defined above). This means it is a legal defense for an establishment to show that while it sells alcohol, customers are not allowed to consume the alcohol on the premises where it is sold. This would apply, for example, to most wholesaler- and retailer liquor stores in any county or municipality.

2.2 Not directly soliciting drinks

Also, recall that the law only applies to persons employed or paid to directly solicit the sale of alcohol. This means a bartender or hostess would not be penalized under the code section because, while they may suggest a person to buy a drink, that is not the sole reason for their employment.

2.3 Entrapment

In many cases, bars and clubs are often implicated and accused only after law enforcement officers conducted a sting operation. If so, any later charges of soliciting the sale of alcohol must get dropped if a peace officer “lured” a suspect.

This “luring” is bona fide entrapment. It applies to overbearing official conduct on the part of police officers, like

• pressure,
• harassment,
• fraud,
• flattery, or
• threats.

Entrapment is an acceptable legal defense provided that the accused shows that they only committed a crime because of the entrapment.

3. What is the punishment for Business & Professions Code 25657?

A violation of this section is charged as a misdemeanor. The crime is punishable by:

• imprisonment in the county jail for up to six months; and/or,
• a maximum fine of $1,000.⁴

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

4. Related Offenses

There are three crimes related to a bar or club soliciting the sale of alcohol. These are:

1. minor possessing or presenting a fake ID – BPC 25661;
2. minor in possession of alcohol – BPC 25662; and,
3. permitting a minor in a place where alcohol is consumed – BPC 25665.

4.1 Minor possessing or presenting a fake ID – BPC 25661

California Business and Professions Code 25661 makes it a crime for a minor to possess or present a false identification card.

A person is guilty under BPC 25661 if he is under the age of 21 and either:

1. presents a fraudulent ID to a business for the purpose of buying, or attempting to buy, alcohol; or,
2. possesses a false or fraudulent identification card.⁵

A violation of Business and Professions Code 25661 is charged as a misdemeanor.⁶ The offense is punishable by a maximum fine of $200.⁷

4.2 Minor in possession of alcohol – BPC 25662

California Business and Professions Code 25662 BPC is the California statute governing the possession of alcohol by minors when in a public place.

A prosecutor must prove three things to successfully show that a minor is violating BPC 25662. For the purposes of this section, these are:

1. The defendant was under the legal drinking age of 21 (at the time of the incident);
2. The defendant possessed an alcoholic beverage; and,
3. The defendant was on a street, highway, public place, or a place open to the public.⁸

A first-time violation of BPC 25662 is treated as a California infraction. The offense is punishable by:

• a fine of $250, or
• 24-32 hours of community service.⁹

A second or subsequent violation of BPC 25662 is charged as a misdemeanor. The offense is punishable by:

• a maximum fine of $500, and/or
• 36-48 hours of community service.¹⁰

4.3 Permitting a minor in a place where alcohol is consumed – BPC 25665

California Business and Professions Code 25665 BPC makes it a crime under state law for a minor to be on the premises of a business that is a licensee to sell alcohol for on-premises consumption (e.g., a bar or nightclub).

BPC 25665 penalizes both the business establishment and the minor.

For a prosecutor to show that a business violated the law, he must prove that the owner of a bar or club:

1. was licensed to sell alcohol for consumption on the licensed premises; and,
2. it allowed a minor under the age of 21 to enter and remain in the bar/club.¹¹

For a prosecutor to show that a minor violated the law pursuant to this section of BPC 25665, he must prove that the minor:

1. was under 21 years of age; and,
2. entered and remained in the bar/club without lawful business inside.¹²

The owner of a bar or club that violates BPC 25665 will be charged with a misdemeanor. The offense is punishable by:

• imprisonment in the county jail for up to six months; and/or,
• a maximum fine of $1,000.¹³

A minor that violates BPC 25665 will be charged with a misdemeanor as well. The crime is punishable by a maximum fine of $200.¹⁴

For additional help…

If you or someone you know has been accused of a crime under Business and Professions Code 25657 BPC, the Penal Code, or a local law ordinance, we invite you to contact us for a free consultation.

See our related articles on California laws for open containers in motor vehicles.

Also visit Alcoholic Beverage Control (ABC) for information about liquor license issuance, retail licensees, zoning, exemptions, and other related issues. Note that restaurateurs, retail dealers, wholesale distributors, and other alcohol permittees face potential revocation of their applicable liquor permits for violating alcohol laws. And it may be difficult to get such permits and licenses reinstated.

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