Santa Cruz — IMPACT On-Sale Licensee Informational Guide

Source: https://shf.santacruzcountyca.gov/Portals/1/IMPACT_On-Sale_Licensee_Info_Guide_%282012%29.pdf

I N F O RM E D M E RC H A N TS P R EV E N T I N G A LCO H O L - R E L AT E D C R I M E T E N D E N C I E S

O L IC P E CA L IF O R NIA

EST. 1955

S TAT E o f C A L I F O R N I A

IMPACT On-Sale Licensee Informational Guide

DE PA RT MEN T of A LCOH OLI C BEVER AGE CONTRO L A B C . C A . G OV

ABC MISSION

The mission of the Department of Alcoholic Beverage Control (ABC) is to administer the provisions of the Alcoholic Beverage Control Act in a manner that fosters and protects the health, safety, welfare and economic well-being of the people of the State.

The IMPACT Program is a prevention and education program developed by ABC in 1984. It uses the community-oriented policing approach of involving local merchants in deterring crime.

GOALS AND OBJECTIVES

The IMPACT Program’s primary goal is to reduce alcohol-related crime in and around licensed premises.

The program’s major objectives are: a) Conduct visits and inspections of licensed premises; b) Identify instances of non-compliance at licensed premises; c) Take appropriate enforcement action on any major violations observed; and d) Conduct follow-up visits as needed to check for compliance.

RMED O MERC H A NTS PREVENTI F N
G IN

A S
E LC CI O N H
OL
RELATED C RIMETENDE

IMPACT

IMPACT : Contents

PROGRAM COMPONENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

PEACE OFFICER POWERS . . . . . . . . . . . . . . . . . . . . . . . . . . 2

BOOKS AND RECORDS. . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

POSTING OF LICENSE AND LICENSE CONDITIONS. . . . . . . . . . . . . . . . . . 4

RETAIL OPERATING STANDARDS. . . . . . . . . . . . . . . . . . . . . . . . 5

FOOD SERVICE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

INTOXICATED PERSONS AND DISORDERLY PREMISES. . . . . . . . . . . . . . . . 8

MINORS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

DRUGS AND DRUG PARAPHERNALIA. . . . . . . . . . . . . . . . . . . . . . 13

HOURS OF SALE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

HARMFUL MATTER. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

ATTIRE, ENTERTAINERS AND CONDUCT. . . . . . . . . . . . . . . . . . . . . 18

WEAPONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

TOBACCO SALES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

OTHER RELATED STATUTES. . . . . . . . . . . . . . . . . . . . . . . . . . 22

GAMBLING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

NOTICE TO CUSTOMERS. . . . . . . . . . . . . . . . . . . . . . . . . . . 25

PROP 65 NOTICE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

HUMAN TRAFFICKING . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

This is for educational purposes and subject to change. Statutory references may not be stated in their entirety. Please see Department website for the complete ABC Act.

Program Components

Inspection and Advisement Results and Impact

IMPACT teams select and survey licensed outlets Response from the public has been very favorable. at random. During their visits, IMPACT teams Merchants have accepted the program and its remind licensees of the responsibilities and philosophy because they are being offered a accountability associated with the sale of alcohol. chance to identify and correct any problems The officers also inspect licensed premises for without penalties. Local communities endorse the compliance with State and local laws. The officers program because it (1) improves the relationship may look for loitering, litter, graffiti, posted signs, between law enforcement and merchants, and (2) slot machines, lack of food service in restaurants, improves neighborhood conditions. illegal weapons, or other violations. ABC Contact Information Although the focus is to educate, officers will take action if they see any major violations during The Department of Alcoholic Beverage Control the inspections. A checklist is used to note any has district offices throughout the State to violations observed and it is given to the licensee. assist the public with its licensing needs. For a Licensees must then correct any problem areas. complete listing of ABC district offices and other information about the ABC, please check our If the licensee has any questions after the IMPACT website at www.abc.ca.gov team has left the premises, the licensee may call the nearest ABC district or branch office or local law enforcement agency.

Follow-Up Visits

About 20 days later, officers conduct follow-up visits to see if the licensee corrected the problems noted. If the licensee has not, the checklist is noted and the information is given to the local ABC district or branch office for possible disciplinary action against the license. In addition, officers may issue a criminal citation for any criminal violations.

Media

IMPACT teams use the media to publicize their activities. Media stories are generally positive, telling how the program helps bring about voluntary compliance among licensees who may be unaware of the law.

PROGRAM COMPONENTS  |  1

Peace Officer Powers

INSPECTION POWERS:
Police officers, sheriff’s deputies, safes, kitchen, or any other area
and ABC Agents are all sworn within the licensed premises.
law enforcement officers (peace
officers) with powers of arrest. It is legal and reasonable for
Whether in plain clothes or licensees to exclude the public
uniform, peace officers have the from some areas of the premises.
legal right to visit and inspect However, licensees cannot and
any licensed premises at any must not deny entry to, resist,
time the licensed privileges are delay, obstruct, or assault a peace
being exercised without a search officer. (Sections 25616, 25753 and
warrant. This includes inspecting 25755 B & P Code; Sections 148
the bar and back bar, store room, and 242 Penal Code)
office, closed or locked cabinets,

B & P CODE 25755. PEACE OFFICER POWERS those officers listed in Section 830.6 of the
Penal Code while acting in the course and
• a) The director and the persons employed by scope of their employment as peace officers
the department for the administration and may, in enforcing the provisions of this
enforcement of this division are peace officers division, visit and inspect the premises of any
in the enforcement of the penal provisions licensee at any time during which the licensee
of this division, the rules of the department is exercising the privileges authorized by his or
adopted under the provisions of this division, her license on the premises.
and any other penal provisions of law of
this state prohibiting or regulating the sale, • c) Peace officers of the Department of the
exposing for sale, use, possession, giving California Highway Patrol, members of the
away, adulteration, dilution, misbranding, University of California and California State
or mislabeling of alcoholic beverages or University Police Departments, and peace
intoxicating liquors, and these persons are officers of the Department of Parks and
authorized, while acting as peace officers, to Recreation, as defined in subdivisions (a), (b),
enforce any penal provisions of law while in the (c), and (f) of Section 830.2 of the Penal Code,
course of their employment. may, in enforcing this division, visit and inspect
the premises of any licensee located on state
• b) The director, the persons employed by property at any time during which the licensee
the department for the administration and is exercising the privileges authorized by his or
enforcement of this division, peace officers her license on the premises.
listed in Section 830.1 of the Penal Code, and

2  |  PEACE OFFICER POWERS

Books and Records

B & P CODE 25616. FALSE RETURNS AND B & P CODE 25753. EXAMINING BOOKS; RECORDS INSPECTING PREMISES

Any person who knowingly or willfully files a false The department may make any examination of license fee report with the department, and any the books and records of any licensee or other person who refuses to permit the department or person and may visit and inspect the premises of any of its representatives to make any inspection any licensee it may deem necessary to perform its or examination for which provision is made in duties under this division. this division, or who fails to keep books of account as prescribed by the department, or who fails to preserve such books for the inspection of the department for such time as the department deems necessary, or who alters, cancels, or obliterates entries in such books of account for the purpose of falsifying the records of sales of alcoholic beverages made under this division is guilty of a misdemeanor and shall be punished by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), or by imprisonment in the county jail for not less than one month nor more than six months, or by both such fine and imprisonment.

B & P CODE 25752. RECORDS

No licensee may manufacture, import, sell or distribute alcoholic beverages, except wine, in the State of California unless he keeps records at his licensed premises of such manufacture, importation, sale or distribution of alcoholic beverages manufactured, imported, sold or distributed by the licensee in this State. Such records shall include all expenditures incurred by the licensee in the manufacture, importation, sale or distribution of alcoholic beverages, except wine, in this State. Provided, however, that any licensee licensed at more than one premises may keep all said records at one of his licensed premises. Records herein required to be kept for a period of three years from the date of the transaction.

BOOKS AND RECORDS  |  3

Posting of License and License Conditions

B & P CODE 24046. POSTING LICENSE

Upon receipt of any license, the licensee shall post it in a conspicuous place upon the licensed premises.

B & P CODE 23800. CONDITIONS

The department may place reasonable conditions upon retail licensees or upon any license in the exercise of retail privilege.

B & P CODE 23801. RESTRICTIONS

The conditions authorized by Section 23800 may cover any matter relating to the privileges to be exercised under the license, the personal qualifications of the licensee, the conduct of the business or the condition of the premises, which will protect the public welfare and morals.

B & P CODE 23802. ENDORSEMENT OF CONDITIONS ON LICENSE

Such conditions shall be endorsed upon the license and any renewal thereof and shall be binding upon all persons to whom the license is transferred.

B & P CODE 23804. VIOLATION OF CONDITIONS

A violation of a condition upon a license shall be grounds for the suspension or revocation of such license.

(NO ONE UNDER 21 ALLOWED)

4  |  POSTING OF LICENSE AND LICENSE CONDITIONS

Retail Operating Standards

NOTICE:

This law applies to stores (License exhibit halls, auditoriums, ball Types 20 & 21), bars, and taverns parks, stadiums, coliseums, (License Type 40, 42, 48 and 61), hotels, motels, certain marine but does not apply to bona fide parks, wineries or beer eating places (License Types 41, manufacturers. 47 or 75), convention centers,

B & P CODE 25612. 5 RETAIL OPERATING shall issue this written notice only upon a STANDARDS request, from the local law enforcement agency in whose jurisdiction the premises are located, • 1) A prominent, permanent sign or signs stating that is supported by substantial evidence that “NO LOITERING IS ALLOWED ON OR IN there is drinking in public adjacent to the FRONT OF THESE PREMISES” shall be posted premises. in a place that is clearly visible to patrons of • 3) No alcoholic beverages shall be consumed the licensee. The size, format, form, placement, on the premises of an off-sale retail and languages of the sign or signs shall be establishment, and no alcoholic beverages shall determined by the department. This paragraph be consumed outside the edifice of an on-sale shall apply to a licensee only upon written retail establishment. notice to the licensee from the department. The department shall issue this written notice only • 4) The exterior of the premises, including upon a request, from the local law enforcement adjacent public sidewalks and all parking lots agency in whose jurisdiction the premises under the control of the licensee, shall be are located, that is supported by substantial illuminated during all hours of darkness during evidence that there is loitering adjacent to the which the premises are open for business in a premises. manner so that persons standing in those areas at night are identifiable by law enforcement • 2) A prominent, permanent sign or signs personnel. However, the required illumination stating “NO OPEN ALCOHOLIC BEVERAGE shall be placed so as to minimize interference with the quiet enjoyment of nearby residents of PREMISES” shall be posted in a place that is their property. clearly visible to patrons of the licensee. The size, format, form, placement, and languages • 5) Litter shall be removed daily from the of the sign or signs shall be determined by premises, including adjacent public sidewalks the department. This paragraph shall apply and all parking lots under the control of the to a licensee only upon written notice to the licensee. These areas shall be swept or cleaned, licensee from the department. The department either mechanically or manually, on a weekly basis to control debris.

RETAIL OPERATING STANDARDS  |  5

• 6) Graffiti shall be removed from the premises on off-sale premises (or located in an adjacent and all parking lots under the control of the area under the control of the off-sale licensee) licensee within 72 hours of application. If the shall be equipped with devices or mechanisms graffiti occurs on a Friday or weekend day, that prevent persons from calling into that or on a holiday, the licensee shall remove the public telephone. graffiti within 72 hours following the beginning • 9) Every licensed retailer who sells or rents of the next weekday. video recordings of harmful matter, as • 7) No more than 33 percent of the square defined by Section 313 of the Penal Code, footage of the windows and clear doors of an shall create an area within his or her business off-sale premises shall bear advertising or signs establishment for the placement of video of any sort, and all advertising and signage recordings of harmful matter and for any shall be placed and maintained in a manner material that advertises the sale or rental that ensures that law enforcement personnel of these video recordings. This area shall be have a clear and unobstructed view of the labeled “adults only.” The licensed retailer interior of the premises, including the area in make reasonable efforts to arrange the video which the cash registers are maintained, from recordings in this area in such a way that the exterior public sidewalk or entrance to the minors may not readily access the video premises. However, this latter requirement recordings or view the video box covers. The shall not apply to premises where there are failure to create and label the “adults only” no windows, or where existing windows are area is an infraction punishable by a fine of located at a height that precludes a view of the not more than one hundred dollars ($100). interior of the premises to a person standing The failure to place a video recording or outside the premises. advertisement, regardless of its content, in this area shall not constitute an infraction. • 8) Upon request of the local law enforcement agency in whose jurisdiction the licensed • 10) A copy of the applicable operating premises are located or at the discretion of the standards shall be available during normal department, each public telephone located business hours for viewing by the general public.

NO LOITERING IS ALLOWED ON OR IN FRONT OF THESE PREMISES

NO OPEN ALCOHOLIC BEVERAGE CONTAINERS ARE ALLOWED ON THESE PREMISES

6  |  RETAIL OPERATING STANDARDS

Food Service

B & P 23038. BONA FIDE PUBLIC EATING PLACE (MEAL SERVICE)

• “Bona fide public eating place” means a place which is regularly and in a bona fide manner used and kept open for the serving of meals to guests for compensation and which has suitable kitchen facilities connected therewith, containing conveniences for cooking and an assortment of foods which may be required for ordinary meals, the kitchen of which must be kept in a sanitary condition with the proper amount of refrigeration for keeping of food on said premises and must comply with all the regulations of the local department of health.

• “Meals” means the usual assortment of foods commonly ordered at various hours of the day; the service of such food and victuals only as sandwiches or salads shall not be deemed a compliance with this requirement. “Guests” shall mean persons who, during the hours when meals are regularly served therein, come to a bona fide public eating place for the purpose of obtaining, and actually order and obtain at such time, in good faith, a meal therein. Nothing in this section, however, shall be construed to require that any food be sold or purchased with any beverage.

FOOD SERVICE  |  7

Intoxicated Persons and Disorderly Premises

B & P CODE 25602. OBVIOUSLY INTOXICATED are injurious to the public morals, health,
PERSON convenience, or safety, is guilty of a misdemeanor.
• a) Every person who sells, furnishes, gives, or B & P CODE 24200. OBJECTIONABLE
causes to be sold, furnished, or given away, any CONDITIONS alcoholic beverage to any habitual or common
drunkard or to any obviously intoxicated The following are the grounds that constitute a
person is guilty of a misdemeanor. basis for the suspension or revocation of licenses:

• b) No person who sells, furnishes, gives, or • e) Failure to take reasonable steps to correct
causes to be sold, furnished, or given away, any objectionable conditions on the licensed
alcoholic beverage pursuant to subdivision premises, including the immediately adjacent
(a) of this section shall be civilly liable to any area that is owned, leased, or rented by the
injured person or the estate of such person for licensee, that constitute a nuisance, within a
injuries inflicted on that person as a result of reasonable time after receipt of notice to make
intoxication by the consumer of such alcoholic those corrections from a district attorney, city
beverage. attorney, county counsel, or the department,
under Section 373a of the Penal Code. For the
B & P CODE 25602. 1. CIVIL LIABILITY purpose of this subdivision only, “property or
premises” as used in Section 373a of the Penal
Notwithstanding subdivision (b) of Section Code includes the area immediately adjacent to
25602, a cause of action may be brought by or on the licensed premises that is owned, leased, or
behalf of any person who has suffered injury or rented by the licensee.
death against any person licensed, or required
to be licensed, pursuant to Section 23300, or any • f) Failure to take reasonable steps to correct
person authorized by the federal government objectionable conditions that occur during
to sell alcoholic beverages on a military base or business hours on any public sidewalk abutting
other federal enclave, who sells, furnishes, gives a licensed premises and constitute a nuisance,
or causes to be sold, furnished or given away any within a reasonable time after receipt of
alcoholic beverage, and any other person who notice to correct those conditions from the
sells, or causes to be sold, any alcoholic beverage, department. This subdivision shall apply to
to any obviously intoxicated minor where the a licensee only upon written notice to the
furnishing, sale or giving of that beverage to the licensee from the department. The department
minor is the proximate cause of the personal shall issue this written notice upon its own
injury or death sustained by that person. determination or upon a request from the local
law enforcement agency in whose jurisdiction
B & P CODE 25601. DISORDERLY PREMISES the premises are located, that is supported
by substantial evidence that persistent
Every licensee, or agent or employee of a licensee, objectionable conditions are occurring on the
who keeps, permits to be used, or suffers to be public sidewalk abutting the licensed premises.
used, in conjunction with a licensed premises, any
For purposes of this subdivision:
disorderly house or place in which people abide
or to which people resort, to the disturbance »» 1) “Any public sidewalk abutting a licensed
of the neighborhood, or in which people abide premises” means the publicly owned,
or to which people resort for purposes which pedestrian-traveled way, not more than

8  |  INTOXICATED PERSONS AND DISORDERLY PREMISES

20 feet from the premises, that is located license; or those same or contiguous premises between a licensed premises, including any at which an on-sale licensee who is licensed as immediately adjacent area that is owned, a bona fide public eating place as defined in leased, or rented by the licensee, and a public Section 23038, a hotel, motel, or similar lodging street. establishment as defined in subdivision (b) of Section 25503.16, a licensed beer manufacturer, »» 2) “Objectionable conditions that constitute as defined in Section 23357, or a winegrowers a nuisance” means disturbance of the license, sells off-sale beer and wine under the peace, public drunkenness, drinking in licensee’s on-sale license.  public, harassment of passersby, gambling, prostitution, loitering, public urination, lewd conduct, drug trafficking, or excessive loud noise.

»» 3) “Reasonable steps” means all of the following:

• A) Calling the local law enforcement agency. Timely calls to the local law enforcement agency that are placed by the licensee, or his or her agents or employees, shall not be construed by the department as evidence of objectionable conditions that constitute a nuisance.

• B) Requesting those persons engaging in activities causing objectionable conditions to cease those activities, unless the licensee, or his or her agents or employees, feel that their personal safety would be threatened in making that request.

• C) Making good faith efforts to remove items that facilitate loitering, such as furniture, except those structures approved or permitted by the local jurisdiction. The licensee shall not be liable for the removal of those items that facilitate loitering.

»» 4) When determining what constitutes “reasonable steps,” the department shall consider site configuration constraints related to the unique circumstances of the nature of the business.

• g) Subdivision (f) does not apply to a bona fide public eating place, as defined in Section 23038, 23038.1, or 23038.2, that is so operated by a retail on-sale licensee or on-sale beer and wine licensee; a hotel, motel, or similar lodging establishment, as defined in subdivision (b) of Section 25503.16; a winegrowers license; a licensed beer manufacturer, as defined in Section 23357; those same or contiguous premises for which a retail licensee concurrently holds an off-sale retail beer and wine license and a beer manufacturer’s

INTOXICATED PERSONS AND DISORDERLY PREMISES  |  9

Minors

B & P CODE 25658. SALES TO MINORS as determined by the court. A second or subsequent violation of this section shall • .a) Except as otherwise provided in subdivision be punished by a fine of not more than five (c), every person who sells, furnishes, gives, or hundred dollars ($500), or the person shall causes to be sold, furnished, or given away, any be required to perform not less than 36 hours alcoholic beverage to any person under the age or more than 48 hours of community service of 21 years is guilty of a misdemeanor. during hours when the person is not employed • b) Except as provided in Section 25667, any or is not attending school, or a combination person under the age of 21 years who purchases of fine and community service, as the court any alcoholic beverage, or any person under deems just. It is the intent of the Legislature the age of 21 years who consumes any alcoholic that the community service requirements beverage in any on-sale premises, is guilty of a prescribed in this section require service at an misdemeanor. alcohol or drug treatment program or facility or at a county coroner’s office, if available, in the • c) Any person who violates subdivision (a) area where the violation occurred or where the by purchasing any alcoholic beverage for, or person resides. furnishing, giving, or giving away any alcoholic beverage to, a person under the age of 21 • b) The penalties imposed by this section do years, and the person under the age of 21 years not preclude prosecution or the imposition thereafter consumes the alcohol and thereby of penalties under any other provision of law, proximately causes great bodily injury or death including, but not limited to, Section 13202.5 of to himself, herself, or any other person, is guilty the Vehicle Code. of a misdemeanor. B & P CODE 25660. DOCUMENTARY EVIDENCE • d) Any on-sale licensee who knowingly permits a person under the age of 21 years to consume OF AGE any alcoholic beverage in the on-sale premises, • a) Bona fide evidence of majority and identity whether or not the licensee has knowledge that of the person is any of the following: (1) A the person is under the age of 21 years, is guilty document issued by a federal, state, county, of a misdemeanor. or municipal government, or subdivision or agency thereof, including, but not limited to, B & P CODE 25658. 5. ATTEMPT TO PURCHASE a valid motor vehicle operator’s license, that BY MINOR contains the name, date of birth, description, and picture of the person. (2) A valid passport • a) Any person under the age of 21 years who issued by the United States or by a foreign attempts to purchase any alcoholic beverage government. (3) A valid identification card from a licensee, or the licensee’s agent or issued to a member of the Armed Forces that employee, is guilty of an infraction and shall includes a date of birth and a picture of the be punished by a fine of not more than two person. hundred fifty dollars ($250), or the person shall be required to perform not less than 24 • b) Proof that the defendant-licensee, or his or hours or more than 32 hours of community her employee or agent, demanded, was shown, service during hours when the person is not and acted in reliance upon bona fide evidence employed or is not attending school, or a in any transaction, employment, use, or combination of fine and community service permission forbidden by Section 25658, 25663,

10  |  MINORS

or 25665 shall be a defense to any criminal beverages to consumers only under the prosecution therefor or to any proceedings for following circumstances: such service occurs the suspension or revocation of any license in an area primarily designed and used for based thereon. the sale and service of food for consumption on the premises; and the primary duties of B & P CODE 25659. RIGHT TO REFUSE SERVICE the employee shall be the service of meals to TO MINORS guests, with the service of alcoholic beverages being incidental to such duties. For purposes For the purpose of preventing the violation of of this subdivision, “serve” or “service” includes Section 25658, any licensee, or his or her agent the delivery, presentation, opening, or pouring or employee, may refuse to sell or serve alcoholic of an alcoholic beverage. beverages to any person who is unable to produce adequate written evidence that he or she is B & P CODE 25663. 5. MINOR MUSICIANS over the age of 21 years. A licensee, or his or her agent or employee, may seize any identification Notwithstanding Section 25663 or any other presented by a person that shows the person provision of law, persons 18 to 21 years of age to be under the age of 21 years or that is false, may be employed as musicians, for entertainment so long as a receipt is given to the person from purposes only, during business hours on whom the identification is seized and the seized premises which are primarily designed and used identification is given within 24 hours of seizure for the sale and service of alcoholic beverages to the local law enforcement agency that has for consumption on the premises, if live acts, jurisdiction over the licensed premises. A licensee, demonstrations, or exhibitions which involve his or her agent or employees, decision to not the exposure of the private parts or buttocks seize a license shall not create any civil or criminal of any participant or the breasts of any female liability. participant are not allowed on such premises. However, the area of such employment shall B & P CODE 25663. EMPLOYMENT OF MINORS be limited to a portion of the premises that is restricted to the use exclusively of musicians or • a) Except as provided in subdivision (c), no entertainers in the performance of their functions, licensee that sells or serves alcoholic beverages and no alcoholic beverages shall be sold, served, for consumption on the premises shall employ consumed, or taken into that area. any person under 21 years of age for the purpose of preparing or serving alcoholic B & P CODE 25665. MINORS IN PUBLIC beverages. Every person who employs or uses PREMISES the services of any person under the age of 21 years in or on that portion of any premises, Any licensee under an on-sale license issued for during business hours, which are primarily public premises, as defined in Section 23039, designed and used for the sale and service of who permits a person under the age of 21 years alcoholic beverages for consumption on the to enter and remain in the licensed premises premises, is guilty of a misdemeanor. without lawful business therein is guilty of a misdemeanor. Any person under the age of 21 • b) Any off-sale licensee who employs or uses years who enters and remains in the licensed the services of any person under the age of 18 public premises without lawful business therein is years for the sale of alcoholic beverages shall guilty of a misdemeanor and shall be punished by be subject to suspension or revocation of his or a fine of not less than two hundred dollars ($200), her license, except that a person under the age no part of which shall be suspended. of 18 years may be employed or used for those purposes if that person is under the continuous Retailers Required to Post Warning Notice supervision of a person 21 years of age or older.

• c) Any person between 18 and 21 years of age employed in any bona fide public eating place, as defined in Sections 23038 and No Person Under 21 Allowed 23038.1, which is licensed for the on-sale of alcoholic beverages, may serve alcoholic

MINORS  |  11

CCR RULE 107. RETAILERS REQUIRED TO POST WARNING NOTICE

The licensee of each premises licensed with an
on-sale license for public premises shall maintain
a clearly legible permanent sign, not less than 7" x
11" in size reading, “No Person Under 21 Allowed”
at or near each public entrance thereto in such a
manner that such sign shall be visible from the
exterior of each public entrance.

The lettering of such sign shall be no less than one
inch in height. A sign of like size and content shall
be maintained at a prominent place in the interior
of the premises.

SYNOPSIS OF MINOR EMPLOYEES:

No minor can be employed during an incidental part of their overall
business hours on the portion of duties. Bartenders and cocktail
any premises which is primarily waitresses must be 21.
designed and used for the sale
Concession Stands: A person and service of alcoholic beverages
who is at least age 18 but not for consumption on the premises.
yet 21 may serve alcohol, as
In a bona fide public eating an incidental part of his or her
place, minors between 18 and duties, at a fixed concession stand
21 years of age may serve that sells food products, soft
alcoholic beverages in an area drinks, and alcohol.
primarily designed and used for
Pizza Parlors: A person under the sale and service of food for
age 21 may not serve alcohol consumption on the premises as
while working behind a fixed an incidental part of their overall
counter where only soft drinks, duties. These minors cannot act
alcohol, and other beverages are as bartenders. (Section 25663
dispensed and food items are Business and Professions Code)
served at another counter within
EXAMPLES: the premises.

Restaurants: In a bona fide public
eating place, persons age 18 or
older may serve alcohol in an area
primarily designed and used for
the sale and service of food for
consumption on the premises as

12  |  MINORS

Drugs and Drug Paraphernalia

B & P CODE 24200. 5. SELLING DRUGS OR drug paraphernalia, knowing, or under SOLICITING DRINKS circumstances where one reasonably should know, that it will be used to plant, propagate, Notwithstanding the provisions of Section 24200, cultivate, grow, harvest, compound, convert, the department shall revoke a license upon any of produce, process, prepare, test, analyze, pack, the following grounds: repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human • a) If a retail licensee has knowingly permitted body a controlled substance, except as provided the illegal sale, or negotiations for the sales, of in subdivision (b), in violation of this division, controlled substances or dangerous drugs upon is guilty of a misdemeanor. his or her licensed premises. Successive sales, or negotiations for sales, over any continuous • b) Except as authorized by law, any person period of time shall be deemed evidence of who manufactures with intent to deliver, permission. furnish, or transfer drug paraphernalia knowing, or under circumstances where one • b) If the licensee has employed or permitted reasonably should know, that it will be used any persons to solicit or encourage others, to plant, propagate, cultivate, grow, harvest, directly or indirectly, to buy them drinks in manufacture, compound, convert, produce, the licensed premises under any commission, process, prepare, test, analyze, pack, repack, percentage, salary, or other profit-sharing plan, store, contain, conceal, inject, ingest, inhale, scheme, or conspiracy. or otherwise introduce into the human body cocaine, cocaine base, heroin, phencyclidine, B & P CODE 24200. 6. DRUG PARAPHERNALIA or methamphetamine in violation of this The department may revoke or suspend any division shall be punished by imprisonment in license if the licensee or the agent or employee a county jail for not more than one year, or in of the licensee is deemed to have knowledge the state prison. that the item or items used to plant, propagate, • c)…any person, 18 years of age or over, cultivate, grow, harvest, compound, convert, who violates subdivision (a) by delivering, produce, process, prepare, test, analyze, pack, furnishing, or transferring drug paraphernalia repack, store, contain, conceal, inject, ingest, to a person under 18 years of age who is at inhale, or otherwise introduce into the human least three years his or her junior, or who, body a controlled substance, if the department or upon the grounds of a public or private any other state or local law enforcement agency elementary, vocational, junior high, or high notifies the licensee in writing that the items, school, possesses a hypodermic needle, as individually or in combination, are commonly defined in paragraph (7) of subdivision (a) sold or marketed for that purpose. of Section 11014.5, with the intent to deliver, furnish, or transfer the hypodermic needle, H & S CODE 11364. 7. TRAFFICKING IN DRUG knowing, or under circumstances where one PARAPHERNALIA reasonably should know, that it will be used by a person under 18 years of age to inject into • a)…any person who delivers, furnishes, or the human body a controlled substance, is transfers, possesses with intent to deliver, guilty of a misdemeanor and shall be punished furnish, or transfer, or manufactures with by imprisonment in a county jail for not more the intent to deliver, furnish, or transfer, than one year, by a fine of not more than one

DRUGS AND DRUG PARAPHERNALIA  |  13

thousand dollars ($1,000), or by both that and lactose, intended for use or designed for imprisonment and fine. use in cutting controlled substances.

• d) The violation, or the causing or the »» 7) Separation gins and sifters intended for permitting of a violation, of subdivision (a), (b), use or designed for use in removing twigs or (c) by a holder of a business or liquor license and seeds from, or in otherwise cleaning or issued by a city, county, or city and county, or refining, marijuana. by the State of California, and in the course of »» 8) Blenders, bowls, containers, spoons, the licensee’s business shall be grounds for the and mixing devices intended for use or revocation of that license. designed for use in compounding controlled • e) All drug paraphernalia defined in Section substances. 11014.5 is subject to forfeiture and may be »» 9) Capsules, balloons, envelopes, and other seized by any peace officer pursuant to Section containers intended for use or designed 11471… for use in packaging small quantities of controlled substances. H & S CODE 11364. 5. DRUG PARAPHERNALIA »» 10) Containers and other objects intended • d) As used in this section, “drug paraphernalia” for use or designed for use in storing or means all equipment and materials of any kind concealing controlled substances. which are intended for use or designed for use in planting, propagating, cultivating, growing, »» 11) Hypodermic syringes, needles, and harvesting, manufacturing, compounding, other objects intended for use or designed converting, producing, processing, preparing, for use in parenterally injecting controlled testing, analyzing, packaging, repackaging, substances into the human body. storing, containing, concealing, injecting, »» 12) Objects intended for use or designed ingesting, inhaling, or otherwise introducing for use in ingesting, inhaling, or otherwise into the human body a controlled substance. introducing marijuana, cocaine, hashish, or “Drug paraphernalia” includes, but is not hashish oil into the human body, such as the limited to, all of the following: following: »» 1) Kits intended for use or designed for use • A) Metal, wooden, acrylic, glass, stone, in planting, propagating, cultivating, growing plastic, or ceramic pipes with or without or harvesting of any species of plant which screens, permanent screens, hashish is a controlled substance or from which a heads, or punctured metal bowls. controlled substance can be derived. • B) Water pipes. »» 2) Kits intended for use or designed for use • C) Carburetion tubes and devices. in manufacturing, compounding, converting, producing, processing, or preparing • D) Smoking and carburetion masks. controlled substances. • E) Roach clips, meaning objects used to »» 3) Isomerization devices intended for use or hold burning material, such as a marijuana designed for use in increasing the potency cigarette that has become too small or too of any species of plant which is a controlled short to be held in the hand. substance. • F) Miniature cocaine spoons, and cocaine »» 4) Testing equipment intended for use vials. or designed for use in identifying, or in • G) Chamber pipes. analyzing the strength, effectiveness or purity • H) Carburetor pipes. of controlled substances. • I) Electric pipes. »» 5) Scales and balances intended for use or designed for use in weighing or measuring • J) Air-driven pipes. controlled substances. • K) Chillums. »» 6) Diluents and adulterants, such as quinine • L) Bongs. hydrochloride, mannitol, mannite, dextrose, • M) Ice pipes or chillers.

14  |  DRUGS AND DRUG PARAPHERNALIA

Hours of Sale

B & P CODE 25631. RETAIL HOURS OF SALE distiller, importer, or any of them. Every person violating the provisions of this section is guilty of Any on-sale or off sale licensee, or agent or a misdemeanor. employee of that licensee, who sells, gives, or delivers to any persons any alcoholic beverage or any person who knowingly purchases any alcoholic beverage between the hours of 2 o’clock a.m. and 6 o’clock a.m. of the same day, is guilty of a misdemeanor.

For the purposes of this section, on the day that a time change occurs from Pacific standard time to Pacific daylight saving time, or back again to Pacific standard time, “2 o’clock a.m.” means two hours after midnight of the day preceding the day such change occurs.

B & P CODE 25632. CONSUMPTION

Any retail licensee, or agent or employee of such licensee, who permits any alcoholic beverage to be consumed by any person on the licensee’s licensed premises during any hours in which it is unlawful to sell, give, or deliver any alcoholic beverage for consumption on the premises is guilty of a misdemeanor.

B & P CODE 25633. HOURS FOR DELIVERY

Except as otherwise provided in this section, no person licensed as a manufacturer, winegrower, distilled spirits manufacturer’s agent, rectifier, or wholesaler of any alcoholic beverage shall deliver or cause to be delivered any alcoholic beverage to or for any person holding an on-sale or off-sale license on Sunday or except between the hours of 3 a.m. and 8 p.m. of any day other than Sunday. Any alcoholic beverage may be delivered at the platform of the manufacturing, producing, or distributing plant at any time. Nothing contained in this section prohibits the transportation or the carriage and delivery in transit at any time of any alcoholic beverage between the premises of a manufacturer, winegrower, wholesaler,

HOURS OF SALE  |  15

Harmful Matter

TO LICENSEE:

You may not sell, rent, give, or If you sell books or magazines
show harmful matter to persons of harmful matter, you should
under age 18. contact your local police or
sheriff’s department about any
Harmful matter includes, but is local ordinances that may apply.
not limited to, a book, magazine, Some cities and counties require
newspaper, or video that you to place “blinder racks” in
“…depicts or describes in a front of such material so that the
patently offensive way sexual lower two-thirds of the material is
conduct… and lacks serious not exposed to view.
literary, artistic, political, or
scientific value for minors.” If you violate Penal Code Section
313.1, you may be subject to
If you sell harmful matter, you criminal penalties as set forth in
must use reasonable care in Penal Code Section 313.4 below,
ascertaining the true age of a and suspension or revocation of
minor. your alcoholic beverage license
by the Department of Alcoholic If you sell or rent videos of
Beverage Control. harmful matter, you must create
an area within your licensed
premises for the placement of the
videos and label it, “Adults Only.”

PENAL CODE SECTION 313. 1. HARMFUL MATTER • b) Every person who misrepresents himself or
herself to be the parent or guardian of a minor
• a) Every person who, with knowledge that and thereby causes the minor to be admitted
a person is a minor, or who fails to exercise to an exhibition of any harmful matter shall be
reasonable care in ascertaining the true age punished as specified in Section 313.4.
of a minor, knowingly sells, rents, distributes,
sends, causes to be sent, exhibits, or offers to • c)(1) Any person who knowingly displays, sells,
distribute or exhibit by any means, including, or offers to sell in any coin-operated or slug-
but not limited to, live or recorded telephone operated vending machine or mechanically
messages, any harmful matter to the minor or electronically controlled vending machine
shall be punished as specified in Section that is located in a public place, other than a
313.4… public place from which minors are excluded,

16  |  HARMFUL MATTER

any harmful matter displaying to the public or written material or any picture, drawing, view photographs or pictorial representations photograph, motion picture, or other pictorial of the commission of any of the following acts representation or any statue or other figure, or shall be punished as specified in Section 313.4: any recording, transcription, or mechanical, sodomy, oral copulation, sexual intercourse, chemical, or electrical reproduction or masturbation, bestiality, or a photograph of any other articles, equipment, machines, an exposed penis in an erect and turgid state. or materials. “Matter” also includes live (2) Any person who knowingly displays, sells, or recorded telephone messages when or offers to sell in any coin-operated vending transmitted, disseminated, or distributed as machine that is not supervised by an adult and part of a commercial transaction. that is located in a public place, other than a • c) “Person” means any individual, partnership, public place from which minors are excluded, firm, association, corporation, limited liability any ABC-545 (3/99) harmful matter, as defined company, or other legal entity. in subdivision (a) of Section 313, shall be punished as specified in Section 313.4. • d) “Distribute” means to transfer possession of, whether with or without consideration. • d) Nothing in this section invalidates or prohibits the adoption of an ordinance by a • e) “Knowingly” means being aware of the city, county, or city and county that restricts the character of the matter. display of material that is harmful to minors, as • f) “Exhibit” means to show. defined in this chapter, in a public place, other than a public place from which minors are • g) “Minor” means any natural person under 18 excluded, by requiring the placement of devices years of age. commonly known as blinder racks in front of the material, so that the lower two-thirds of the PENAL CODE SECTION 313. 4. PENALTY material is not exposed to view. Every person who violates Section 313.1, other • e) Any person who sells or rents video than subdivision (e), is punishable by fine of recordings of harmful matter shall create an not more than two thousand dollars ($2,000), by area within his or her business establishment imprisonment in the county jail for not more than for the placement of video recordings of one year, or by both that fine and imprisonment. harmful matter and for any material that However, if the person has been previously advertises the sale or rental of these video convicted of a violation of Section 313.1, other recordings. This area shall be labeled “adults than subdivision (e), or of any section of Chapter only.” The failure to create and label the area 7.5 (commencing with Section 311) of Title 9 of is an infraction, punishable by a fine not to Part 1 of this code, the person shall be punished exceed one hundred dollars ($100). The failure by imprisonment in the state prison. to place a video recording or advertisement, regardless of its content, in this area shall not constitute an infraction…[This means licensees may place videos in storage areas that are not exposed to minors.]

PENAL CODE SECTION 313. DEFINITIONS

• a) “Harmful matter” means matter, taken as a whole, which to the average person, applying contemporary statewide standards, appeals to the prurient interest, and is matter which, taken as a whole, depicts or describes in a patently offensive way sexual conduct and which, taken as a whole, lacks serious literary, artistic, political, or scientific value for minors.

• b) “Matter” means any book, magazine, newspaper, video recording, or other printed

HARMFUL MATTER  |  17

Attire, Entertainers and Conduct

CCR RULE 143. 2. ATTIRE AND CONDUCT »» a) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any The following acts or conduct on licensed sexual acts which are prohibited by law. premises are deemed contrary to public welfare and morals, and therefore no on-sale license shall »» (b) The touching, caressing or fondling on the be held at any premises where such conduct or breast, buttocks, anus or genitals. acts are permitted: »» c) The displaying of the pubic hair, anus, • 1) To employ or use any person in the sale of vulva or genitals. alcoholic beverages in or upon the licensed • 2) Subject to the provisions of subdivision premises while such person is unclothed or in (1) hereof, entertainers whose breasts and/ such attire, costume or clothing as to expose or buttocks are exposed to view shall perform to view any portion of the female breast below only upon a stage at least 18 inches above the the top of the areola or of any portion of the immediate floor level and removed at least six pubic hair, anus, cleft of the buttocks, vulva or feet from the nearest patron. genitals. No licensee shall permit any person to remain • 2) To employ or use the services of any hostess in or upon the licensed premises who exposes to or other person to mingle with the patrons public view any portion of his or her genitals or while such hostess or other person is unclothed anus. or in such attire, costume or clothing as described in paragraph (1) above. If any provision of this rule or the application thereof to any person or circumstances is held • 3) To encourage or permit any person on the invalid, such invalidity shall not affect other licensed premises to touch, caress or fondle the provisions or application of the rule which can breasts, buttocks, anus or genitals of any other be given effect without the invalid provision or person. application, and to this end the provisions of this • 4) To permit any employee or person to wear rule are severable. or use any device or covering, exposed to view, which simulates the breast, genitals, anus, pubic hair or any portion thereof.

CCR RULE 143. 3. ENTERTAINERS AND CONDUCT

Acts or conduct on licensed premises in violation of this rule are deemed contrary to public welfare and morals, and therefore no on-sale license shall be held at any premises where such conduct or acts are permitted.

Live entertainment is permitted on any licensed premises, except that:

• 1) No licensee shall permit any person to perform acts of or acts which simulate:

18  |  ATTIRE, ENTERTAINERS AND CONDUCT

Weapons

TO LICENSEE: California Penal Code prohibits throwing stars and daggers, manufacturing, selling, switchblades, gravity knives and/or possessing certain are just a few of the types of firearms, explosives, or other dangerous weapons that are weapons absent very specific included in this law. Please refer circumstances. Nunchaku to the complete statute or related (commonly known as statutes for specific prohibitions. “nunchucks”), brass knuckles,

WEAPONS  |  19

Tobacco Sales

PENAL CODE 308. TOBACCO SALES certificate issued under the federal Selective Service Act, or an identification card issued to • a)(1) Every person, firm, or corporation that a member of the Armed Forces. For purposes knowingly or under circumstances in which of this section, the person liable for selling or it has knowledge, or should otherwise have furnishing tobacco products to minors by a grounds for knowledge, sells, gives, or in any tobacco vending machine shall be the person way furnishes to another person who is under authorizing the installation or placement of the age of 18 years any tobacco, cigarette, or the tobacco vending machine upon premises cigarette papers, or blunt wraps, or any other he or she manages or otherwise controls and preparation of tobacco, or any other instrument under circumstances in which he or she has or paraphernalia that is designed for the knowledge, or should otherwise have grounds smoking or ingestion of tobacco, products for knowledge, that the tobacco vending prepared from tobacco, or any controlled machine will be utilized by minors. (2) For substance, is subject to either a criminal purposes of this section, “blunt wraps” means action for a misdemeanor or to a civil action cigar papers or cigar wrappers of all types brought by a city attorney, a county counsel, or that are designed for smoking or ingestion a district attorney, punishable by a fine of two of tobacco products and contain less than 50 hundred dollars ($200) for the first offense, five percent tobacco. (b) Every person under the hundred dollars ($500) for the second offense, age of 18 years who purchases, receives, or and one thousand dollars ($1,000) for the third possesses any tobacco, cigarette, or cigarette offense. Notwithstanding Section 1464 or any papers, or any other preparation of tobacco, or other provision of law, 25 percent of each civil any other instrument or paraphernalia that is and criminal penalty collected pursuant to designed for the smoking of tobacco, products this subdivision shall be paid to the office of prepared from tobacco, or any controlled the city attorney, county counsel, or district substance shall, upon conviction, be punished attorney, whoever is responsible for bringing by a fine of seventy-five dollars ($75) or 30 the successful action, and 25 percent of each hours of community service work. civil and criminal penalty collected pursuant to this subdivision shall be paid to the city or • c) Every person, firm, or corporation that sells, county for the administration and cost of the or deals in tobacco or any preparation thereof, community service work component provided shall post conspicuously and keep so posted in in subdivision (b). his, her, or their place of business at each point of purchase the notice required pursuant to • b) Proof that a defendant, or his or her subdivision (b) of Section 22952 of the Business employee or agent, demanded, was shown, and and Professions Code, and any person failing reasonably relied upon evidence of majority to do so shall, upon conviction, be punished by shall be defense to any action brought pursuant a fine of fifty dollars ($50) for the first offense, to this subdivision. Evidence of majority of a one hundred dollars ($100) for the second person is a facsimile of or a reasonable likeness offense, two hundred fifty dollars ($250) for the of a document issued b

$50) for the first offense, to this subdivision. Evidence of majority of a one hundred dollars ($100) for the second person is a facsimile of or a reasonable likeness offense, two hundred fifty dollars ($250) for the of a document issued by a federal, state, county, third offense, and five hundred dollars ($500) or municipal government, or subdivision or for the fourth offense and each subsequent agency thereof, including, but not limited to, a violation of this provision, or by imprisonment motor vehicle operator’s license, a registration in a county jail not exceeding 30 days.

20  |  TOBACCO SALES

• d) For purposes of determining the liability of persons, firms, or corporations controlling franchises or business operations in multiple locations for the second and subsequent violations of this section, each individual franchise or business location shall be deemed a separate entity.

• e) It is the Legislature’s intent to regulate the subject matter of this section. As a result, no city, county, or city and county shall adopt any ordinance or regulation inconsistent with this section.

TOBACCO SALES  |  21

Other Related Statutes

B & P CODE 23402. PURCHASES BY RETAIL B & P CODE 25609. SUBSTITUTION OF BRANDS LICENSEES Every person who, in response to an inquiry No retail on-sale or off-sale licensee, except a or request for any brand, type, or character of daily on-sale general licensee holding a license alcoholic beverages, sells or offers for sale under issued pursuant to Section 24045.1, (by the an on-sale license a different brand, type, or Alcoholic Beverage Control) shall purchase character without first informing the purchaser of alcoholic beverages for resale from any person the difference is guilty of a misdemeanor. except a person holding a beer manufacturer’s, wine grower’s, rectifier’s, brandy manufacturer’s, PENAL CODE 496. STOLEN PROPERTY or wholesaler’s license. • a) Every person who buys or receives any property that has been stolen or that has been B & P CODE 25607. UNLAWFUL POSSESSION ON obtained in any manner constituting theft or PREMISES extortion, knowing the property to be so stolen or obtained, or who conceals, sells, withholds, • a) Except as provided in subdivision (b), it is or aids in concealing, selling, or withholding unlawful for any person or licensee to have any property from the owner, knowing the upon any premises for which a license has property to be so stolen or obtained, shall be been issued any alcoholic beverages other than punished by imprisonment in a state prison, the alcoholic beverage which the licensee is or in a county jail for not more than one year. authorized to sell at the premises under his However, if the district attorney or the grand or her license. It shall be presumed that all jury determines that this action would be in alcoholic beverages found or located upon the interests of justice, the district attorney premises for which licenses have been issued or the grand jury, as the case may be, may, belong to the person or persons to whom the if the value of the property does not exceed licenses were issued. Every person violating nine hundred fifty dollars ($950), specify the provisions of this section is guilty of a in the accusatory pleading that the offense misdemeanor. The department may seize any shall be a misdemeanor, punishable only by alcoholic beverages found in violation of this imprisonment in a county jail not exceeding section. one year. A principal in the actual theft of the • b) A bona fide public eating place for which an property may be convicted pursuant to this on-sale beer and wine license has been issued section. However, no person may be convicted may have upon the premises brandy, rum, or both pursuant to this section and of the theft of liqueurs for use solely for cooking purposes. the same property.

• b) Every swap meet vendor, as defined
B & P CODE 25177. SELLING REFILLED SPIRITS in Section 21661 of the Business and
Every person who sells, offers for sale, or keeps Professions Code, and every person whose
for sale distilled spirits in any package which principal business is dealing in, or collecting,
has been refilled or partly refilled is guilty of a merchandise or personal property, and every
misdemeanor. agent, employee, or representative of that

22  |  OTHER RELATED STATUTES

person, who buys or receives any property of the person, firm, or corporation manufacturing, a value in excess of nine hundred fifty dollars selling, furnishing, or giving away, or offering to ($950) that has been stolen or obtained in manufacture, sell, furnish, or give away, any such any manner constituting theft or extortion, alcoholic solution of a potable nature containing under circumstances that should cause the any deleterious or poisonous substance, to show person, agent, employee, or representative that such alcoholic solution of a potable nature to make reasonable inquiry to ascertain that did not contain any deleterious or poisonous the person from whom the property was substance. Every person who violates any bought or received had the legal right to sell of the provisions of this section is guilty of a or deliver it, without making a reasonable misdemeanor, and shall be punished by a fine inquiry, shall be punished by imprisonment in not exceeding two thousand five hundred dollars a state prison, or in a county jail for not more ($2,500), or by imprisonment in a county jail than one year. Every swap meet vendor, as not exceeding one year, or by both such fine and defined in Section 21661 of the Business and imprisonment. Professions Code, and every person whose principal business is dealing in, or collecting, PENAL CODE 382. ADULTERATION merchandise or personal property, and every agent, employee, or representative of that Every person who adulterates or dilutes any person, who buys or receives any property of article of food, drink, drug, medicine, spirituous a value of nine hundred fifty dollars ($950) or malt liquor, or wine, or any article useful in or less that has been stolen or obtained in compounding them, with the fraudulent intent any manner constituting theft or extortion, to offer the same, or cause or permit it to be under circumstances that should cause the offered for sale as unadulterated or undiluted; person, agent, employee, or representative to and every person who fraudulently sells, or keeps make reasonable inquiry to ascertain that the or offers for sale the same, as unadulterated or person from whom the property was bought or undiluted, or who, in response to an inquiry received had the legal right to sell or deliver it, for any article of food, drink, drug, medicine, without making a reasonable inquiry, shall be spirituous or malt liquor, or wine, sells or offers guilty of a misdemeanor. for sale, a different article, or an article of a different character or manufacture, without first • c) Any person who has been injured by a informing such purchaser of such difference, is violation of subdivision (a) or (b) may bring guilty of a misdemeanor; provided, that no retail an action for three times the amount of actual dealer shall be convicted under the provisions of damages, if any, sustained by the plaintiff, costs this section if he shall prove a written guaranty of of suit, and reasonable attorney’s fees. purity obtained from the person from whom he • d) Notwithstanding Section 664, any attempt purchased such adulterated or diluted goods. to commit any act prohibited by this section, except an offense specified in the accusatory pleading as a misdemeanor, is punishable by imprisonment in the state prison, or in a county jail for not more than one year.

PENAL CODE 347B. ALCOHOLIC BEVERAGE CONTAINING DELETERIOUS OR POISONOUS SUBSTANCE

It shall be unlawful for any person, firm or corporation to manufacture, sell, furnish, or give away, or offer to manufacture, sell, furnish, or give away any alcoholic solution of a potable nature containing any deleterious or poisonous substance, and the burden of proof shall be upon

OTHER RELATED STATUTES  |  23

Gambling

PENAL CODE 330. GAMBLING upon hazard or chance, and every person,
who has in his or her possession or under his
Every person who deals, plays, or carries on, or her control, either as owner, lessee, agent,
opens, or causes to be opened, or who conducts, employee, mortgagee, or otherwise, or who
either as owner or employee, whether for hire or permits to be placed, maintained, or kept in
not, any game of faro, monte, roulette, lansquenet, any room, space, enclosure, or building owned,
rouge et noire, rondo, tan, fan-tan, seven-and- leased, or occupied by him or her, or under
a-half, twenty-one, hokey-pokey, or any banking his or her management or control, any card
or percentage game played with cards, dice, or dice, or any dice having more than six faces or
any device, for money, checks, credit, or other bases each, upon the result of action of which
representative of value, and every person who any money or other valuable thing is staked
plays or bets at or against any of those prohibited or hazarded, or as a result of the operation of
games, is guilty of a misdemeanor, and shall be which any merchandise, money, representative
punishable by a fine not less than one hundred or article of value, check or token, redeemable
dollars ($100) nor more than one thousand dollars in or exchangeable for money or any other
($1,000), or by imprisonment in the county jail thing of value, is won or lost or taken, when
not exceeding six months, or by both the fine and the result of action or operation of the dice is
imprisonment. dependent upon hazard or chance, is guilty of a
misdemeanor.
PENAL CODE 330A. SLOT MACHINES

• (a) Every person, who has in his or her
possession or under his or her control,
either as owner, lessee, agent, employee,
mortgagee, or otherwise, or who permits to
be placed, maintained, or kept in any room,
space, enclosure, or building owned, leased,
or occupied by him or her, or under his or
her management or control, any slot or card
machine, contrivance, appliance or mechanical
device, upon the result of action of which
money or other valuable thing is staked or
hazarded, and which is operated, or played,
by placing or depositing therein any coins,
checks, slugs, balls, or other articles or device,
or in any other manner and by means whereof,
or as a result of the operation of which any
merchandise, money, representative or articles
of value, checks, or tokens, redeemable in or
exchangeable for money or any other thing of
value, is won or lost, or taken from or obtained
from the machine, when the result of action
or operation of the machine, contrivance,
appliance, or mechanical device is dependent

24  |  GAMBLING

Notice to Customers

REQUIRED SIGNAGE

Pursuant to Section 25658.4 of the Business and Professions Code, you must post a sign in your store that warns customers about certain laws and penalties relating to the sale of alcoholic beverages to, or the purchase of alcoholic beverages by, any person under the age of 21 years. The sign must be placed at an entrance or at a point of sale in your store, or in any other location in your store that is visible to your customers and employees. A sample sign that complies with Section 25658.4(b) and (c) is shown on the following page.

NOTICE TO CUSTOMERS  |  25

NOTICE TO CUSTOMERS Pursuant to Section 25658.4 Business and Professions Code

This business will not sell alcoholic beverages in violation of the California

Alcoholic Beverage Control Act. We will refuse to sell an alcoholic beverage to any customer if we reasonably suspect that: (1) The customer is under the age of 21 years; (2) The customer looks or acts intoxicated; (3) The request to buy an alcoholic beverage is made between the hours of 2:00 a.m. and 6:00 a.m. on any day or in violation of legally required shorter hours of sale; or (4) Any other violation of the California Alcoholic Beverage Control Act will occur as a result of the sale.

FINES AND PENALTIES for the Sale or Furnishing of Alcoholic Beverages to, or the Purchase of Alcoholic Beverages by, Persons Under Age 21

For the Person Under Age 21 Who Tries to Purchase Alcohol

Up to $100 fine and/or 24-32 hours of community service; second offense, up to a $250 fine and/or 36-48 hours of community service (and a one-year suspension or delay of the person's driver's license).

For the Person Under Age 21

Who Purchases Alcohol

A $250 fine and/or 24-32 hours of community service; second offense, up to a $500 fine and/or 36-48 hours of community service (and a one-year suspension or delay of the purchaser's driver's license).

For the Person Who Furnishes Alcohol or Causes Alcohol to be Furnished to a Person Under Age 21

A $1,000 fine and at least 24 hours of community service (and a one-year suspension or delay of the furnisher's driver's license if the furnisher is under age 21). If great bodily injury or death occurs, the penalty is 6-12 months county jail and/or a $1,000 fine.

For the Person Who Sells Alcohol to a Person Under Age 21

A $250 fine and/or 24-32 hours of community service; second offense, up to a $500 fine and/or 36-48 hours of community service (and a one-year suspension or delay of the seller's driver's license if the seller is under age 21).

In addition, the Department of Alcoholic Beverage Control (ABC)

will file charges to suspend or revoke this business license to sell alcoholic beverages. --The Management

ABC-299 (01/11) 6

Prop 65 Notice

PROP 65. NOTICE. CANCER/PREGNANCY WARNING SIGNS PROPOSITION 65 NOTICE TO ALCOHOLIC BEVERAGE LICENSEE. WARNING As you may be aware, California’s Proposition 65 requires businesses that serve or sell alcoholic Chemicals Known To The beverages to provide consumers with a warning State Of California To concerning certain reported health risks associated with the consumption of alcoholic Cause Cancer, Or Birth beverages. Effective July 1989, warning signs were Defects Or Other required to be posted that read: Reproductive Harm May This sign is required under California Code of Be Present In FoodsRegulations, Division 2, Chapter 3, Article 6, Section 12601 (b)(1)(D) that states that these Or Beverages Sold warnings for alcoholic beverages may be provided Or Served Here. through the use of point-of-sell or point-of- display signs or notices.

It is our intent to assist you in gaining proper compliance so as to avoid the potential of a costly lawsuit with statutory penalties of up to $2,500 per sale in violation of the law. To that end, we are requesting you to do the following:

• 1) Check to be sure that your business is properly posted with a warning sign with the wording described above. For all establishments, a 10" x 10" black and white notice must be displayed at each public entrance where alcoholic beverages are served. For off-sale establishments, a red and white 5" x 5" sign must be displayed at each check-out counter.

• 2) If you are in need of a sign(s), or if the existing sign(s) are worn and need replacing, call (800) 421-3003 or your local wholesaler and the necessary materials will be sent at NO CHARGE or obligation to you.

For more information contact OEHHA Proposition 65 Program at (916) 445-6900, or visit www.oehha.ca.gov/prop65/p65faq.html.

PROP 65 NOTICE  |  29

Slavery and Human Trafficking Public Notice

CIVIL CODE 52 .6 NOTICE POSTING OF PUBLIC
NOTICES REGARDING SLAVERY AND HUMAN
TRAFFICING TYPE 48 LICENSES

Senate Bil l 1193 requires specified businesses including-on sale general public premises licenses (type 48) and other
establishments, as of April 1, 2013, to post a notice informing the public and victims of human trafficking of telephone
hotline numbers to seek help or report unlawful activity. There are specific posting mandates, language requirements,
and penalties for failure to post. A link to the mandated notice is available on the website below. Each mandated
business is required to post the notice in English and Spanish. In addition, for businesses located in specific counties,
a third language posting is required.

Where Must the Public Notice Be Posted? Liability and Penalty for Failing to Post the
Civil Code § 52.6 requires that a specified Public Notice Civil Code § 52.6(e) creates civil
business or other establishment must post the liability for a business or establishment that
notice in a conspicuous place near the public fails to comply with the posting requirement.
entrance of the est ablishment or in another The penalty for violating this law is $500 for a
conspicuous location in clear view of the public first offense and $1,000 for each subsequent
and employees w here simila r notices are offense.
customarily poste d.

What Languages the Public Notices Must
Contain?

The specified businesses and other
establishments must post the notice in English,
Spanish, and in one other language that is the
most widely spoken language in the business or
establishment’s location (and for which
translation is mandated by the Voting Rights
Act, 42 U.S.C. § 1973, et seq.). For those
counties where a language other than English
or Spanish is the most widely spoken language,
Civil Code § 52.6 does not require the public
notice to be printed in the non-English and non-
Spanish language.

The Attorney General’s Model Publci Notice
The Attorney General of California has
developed a "model notice" available for
download on the California Department of
Justice's website:
http://oag.ca.gov/sites/all/files/agweb/pdfs/ht/
HumantraffickMandate_ENG.pdf
The model notice is available in English and
Spanish. The Attorney General has also
provided a list of counties in which a third
language other than English and Spanish is the
most widely spoken language.

30 | NOTICE TO CUSTOMERS

Notes:

OSP 13 132446

O L IC P E CA L IF O R NIA

EST. 1955

DE PA RT M E N T o f A LCOH OLI C BEVER AGE CON T ROL

A B C . C A . G OV