Santa Cruz — IMPACT Off-Sale Licensee Informational Guide

Source: https://shf.santacruzcountyca.gov/Portals/1/IMPACT_Off-Sale_Licensee_Info_Guide%282012%29.pdf

Sparse pages use OCR; original PDF remains authoritative.

I N F O R M 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 Off-Sale Licensee Informational Guide

DE PA RT M EN 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

INTOXICATED PERSONS AND DISORDERLY PREMISES. . . . . . . . . . . . . . . . 7

MINORS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

DRUGS AND DRUG PARAPHERNALIA. . . . . . . . . . . . . . . . . . . . . . 11

BEER KEG REGISTRATION. . . . . . . . . . . . . . . . . . . . . . . . . . . 13

HOURS OF SALE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

HARMFUL MATTER. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

GAMBLING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

CONCURRENT SALES OF GASOLINE AND ALCOHOL. . . . . . . . . . . . . . . . . . 18

TOBACCO SALES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

WEAPONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

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

PROP 65 NOTICE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

CLERK’S AFFIDAVIT AND SIGN. . . . . . . . . . . . . . . . . . . . . . . . . 25

NOTICE TO CUSTOMERS. . . . . . . . . . . . . . . . . . . . . . . . . . . 31

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

Response from the public has been very favorable.

IMPACT teams select and survey licensed outlets Merchants have accepted the program and its at random. During their visits, IMPACT teams philosophy because they are being offered a remind licensees of the responsibilities and chance to identify and correct any problems accountability associated with the sale of alcohol. without penalties. Local communities endorse the The officers also inspect licensed premises for program because it (1) improves the relationship compliance with State and local laws. The officers between law enforcement and merchants, and (2) may look for loitering, litter, graffiti, posted signs, improves neighborhood conditions. slot machines, lack of food service in restaurants, illegal weapons, or other violations. Local law enforcement agencies generally use traffic, vice, or patrol hours. Although the focus is to educate, officers will take action if they see any major violations during ABC Contact Information the inspections. A checklist is used to note any violations observed and it is given to the licensee. The Department of Alcoholic Beverage Control Licensees must then correct any problem areas. has District offices throughout the State to assist the public with its licensing needs. For a If the licensee has any questions after the IMPACT complete listing of ABC District Offices and other team has left the premises, the licensee may call information about the ABC, please check our the nearest ABC district or branch office or local website at www.abc.ca.gov. 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
It is legal and reasonable for officers) with powers of arrest.
licensees to exclude the public Whether in plain clothes or
from some areas of the premises. uniform, peace officers have the
However, licensees cannot and legal right to visit and inspect
must not deny entry to, resist, any licensed premises at any
delay, obstruct, or assault a peace time the licensed privileges are
officer. (Sections 25616, 25753 and being exercised without a search
25755 B & P Code; Sections 148 warrant. This includes inspecting
and 242 Penal Code) the bar and back bar, store room,
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 premise. 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 privileges.

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.

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 in whose jurisdiction the premises are located, STANDARDS. that is supported by substantial evidence that there is dunking in public adjacent to the • 1)A prominent, permanent sign or signs stating premises. “NO LOITERING IS ALLOWED ON OR IN • 3) No alcoholic beverages shall be consumed FRONT OF THESE PREMISES” shall be posted on the premises of an off-sale retail in a place that is clearly visible to patrons of the establishment, and no alcoholic beverages shall licensee. The size, format, form, placement, be consumed outside the edifice of an on-sale and languages of the sign or signs shall be retail establishment. determined by the department. This paragraph shall apply to a licensee only upon written • 4) The exterior of the premises, including notice to the licensee from the department. The adjacent public sidewalks and all parking lots department shall issue this written notice only under the control of the licensee, shall be upon a request, from the local law enforcement illuminated during all hours of darkness during agency in whose jurisdiction the premises which the premise are open for business in a are located, that is supported by substantial manner so that persons standing in those areas evidence that there is loitering adjacent to the at night are identifiable by law enforcements premises. personnel. However, the required illumination shall be placed so as to minimize interference • 2) A prominent, permanent sign or signs with the quiet enjoyment of nearby residents of stating “NO OPEN ALCOHOLIC BEVERAGE their property. CONTAINERS ARE ALLOWED ON THESE PREMISES” shall be posted in a place that is • 5) Litter shall be removed daily from the clearly visible to patrons of the licensee. The premises, including adjacent public sidewalks size, format, form, placement, and languages and all parking lots under the control of the of the sign or signs shall be determined by licensee. These areas shall be swept or cleaned, the department. This paragraph shall apply either mechanically or manually, on a weekly to a licensee only upon written notice to the basis to control debris. licensee from the department. The department • 6) Graffiti shall be removed from the premises shall issue this written notice only upon a and all parking lots under the control of the request, from the local law enforcement agency

RETAIL OPERATING STANDARDS  |  5

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 on off-sale premises (or located in an adjacent public. area under the control of the off-sale licensee)

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

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 »» 1) “Any public sidewalk abutting a licensed or to which people resort, to the disturbance premises” means the publicly owned, of the neighborhood, or in which people abide pedestrian-traveled way, not more than or to which people resort for purposes which

INTOXICATED PERSONS & DISORDERLY PREMISES  |  7

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

8  |  INTOXICATED PERSONS & DISORDERLY PREMISES

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,

MINORS  |  9

or 25665 shall be a defense to any criminal prosecution therefor or to any proceedings for the suspension or revocation of any license based thereon.

B & P CODE 25659. RIGHT TO REFUSE SERVICE
TO MINORS

For the purpose of preventing the violation of
Section 25658, any licensee, or his or her agent
or employee, may refuse to sell or serve alcoholic
beverages to any person who is unable to produce
adequate written evidence that he or she is
over the age of 21 years. A licensee, or his or her
agent or employee, may seize any identification
presented by a person that shows the person
to be under the age of 21 years or that is false,
so long as a receipt is given to the person from
whom the identification is seized and the seized
identification is given within 24 hours of seizure
to the local law enforcement agency that has
jurisdiction over the licensed premises. A licensee,
his or her agent or employees decision to not seize
a license shall not create any civil or criminal
liability.

B & P CODE 25663. EMPLOYMENT OF MINORS

• b) Any off-sale licensee who employs or uses
the services of any person under the age of 18
years for the sale of alcoholic beverages shall
be subject to suspension or revocation of his or
her license, except that a person under the age
of 18 years may be employed or used for those
purposes if that person is under the continuous
supervision of a person 21 years of age or older.

SYNOPSIS OF MINOR EMPLOYEES:

Persons age 18 and older may sell provide direction and assistance,
alcohol unsupervised. Persons if needed. Establishments
age 17 and younger may sell engaged in the concurrent sale
alcohol if under the continuous of motor vehicle fuel shall abide
supervision of a person age 21 or by the following conditions:
older. “Continuous supervision” Employees on duty between the
means that an adult person must hours of 10 p.m. and 2 a.m. who
be present on the premises to sell alcoholic beverages shall be at
least 21 years of age.

10  |  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, who cultivate, grow, harvest, compound, convert, 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 the • a) Any person who delivers, furnishes, or human body a controlled substance, is guilty transfers, possesses with intent to deliver, of a misdemeanor and shall be punished by furnish, or transfer, or manufactures with 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  |  11

thousand dollars ($1,000), or by both that use in cutting controlled substances. imprisonment and fine. »» 7) Separation gins and sifters intended for • d) The violation, or the causing or the use or designed for use in removing twigs permitting of a violation, of subdivision (a), (b), and seeds from, or in otherwise cleaning or or (c) by a holder of a business or liquor license refining, marijuana. issued by a city, county, or city and county, or »» 8) Blenders, bowls, containers, spoons, by the State of California, and in the course of and mixing devices intended for use or the licensee’s business shall be grounds for the designed for use in compounding controlled revocation of that license. substances. • e) All drug paraphernalia defined in Section »» 9) Capsules, balloons, envelopes, and other 11014.5 is subject to forfeiture and may be containers intended for use or designed seized by any peace officer pursuant to Section for use in packaging small quantities of 11471. controlled substances. H & S CODE 11364. 5. DRUG PARAPHERNALIA »» 10) Containers and other objects intended for use or designed for use in storing or • d) As used in this section, “drug paraphernalia” concealing controlled substances. means all equipment and materials of any kind which are intended for use or designed for use »» 11) Hypodermic syringes, needles, and in planting, propagating, cultivating, growing, other objects intended for use or designed harvesting, manufacturing, compounding, for use in parenterally injecting controlled converting, producing, processing, preparing, substances into the human body. testing, analyzing, packaging, repackaging, »» 12) Objects intended for use or designed storing, containing, concealing, injecting, for use in ingesting, inhaling, or otherwise ingesting, inhaling, or otherwise introducing introducing marijuana, cocaine, hashish, or into the human body a controlled substance. hashish oil into the human body, such as the “Drug paraphernalia” includes, but is not following: limited to, all of the following: • A) Metal, wooden, acrylic, glass, stone, »» 1) Kits intended for use or designed for use plastic, or ceramic pipes with or without in planting, propagating, cultivating, growing screens, permanent screens, hashish or harvesting of any species of plant which heads, or punctured metal bowls. is a controlled substance or from which a 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, • D) Smoking and carburetion masks. producing, processing, or preparing controlled substances. • E) Roach clips, meaning objects used to hold burning material, such as a marijuana »» 3) Isomerization devices intended for use or cigarette that has become too small or too designed for use in increasing the potency short to be held in the hand. of any species of plant which is a controlled substance. • F) Miniature cocaine spoons, and cocaine vials. »» 4) Testing equipment intended for use 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, and lactose, intended for use or designed for • M) Ice pipes or chillers.

12  |  DRUGS AND DRUG PARAPHERNALIA

Beer Keg Registration

B & P CODE 25659. 5. BEER KEG REGISTRATION licensed premise for a period of six months. The receipt records shall be available for • a) Retail licensees selling keg beer for inspection and copying by the Department or consumption off licensed premises shall place other authorized law enforcement agency. an identification tag on all kegs of beer at the time of sale and shall require the signing of • c) Possession of a keg containing beer with a receipt for the keg of beer by the purchaser knowledge that the keg is not identified as in order to allow kegs to be traced if the required by subdivision (a) is a misdemeanor. contents are used in violation of this article. • d) Any purchaser of keg beer who knowingly The keg identification shall be in the form of provides false information as required by a numbered label prescribed and supplied subdivision (a) is guilty of a misdemeanor. by the department that identifies the seller. The receipt shall be on a form prescribed and • e) The identification label required pursuant to supplied by the department and shall include subdivision (a) shall be constructed of material the name and address of the purchaser and and made attachable in such a manner as to the purchaser’s driver’s license number or make the label easily removable for the purpose equivalent form of identification number. of cleaning and reusing the keg by a beer A retailer shall not return any deposit upon manufacturer. the return of any keg that does not have the • f) The Department is authorized to charge a identification label required pursuant to fee not to exceed the actual cost of supplying subdivision (a). receipt forms and identification labels required • b) Any licensee selling keg beer for off premise pursuant to subdivision (a). Fees collected consumption who fails to require the signing of pursuant to this subdivision shall be deposited a receipt at the time of sale and fails to place a in the Alcohol Beverage Control Fund. numbered identification label on the keg shall • g) As used in this section, “keg” means any be subject to disciplinary action pursuant to brewery-sealed, individual container of beer this division. The licensee shall retain a copy having a liquid capacity of six gallons or more. of the receipt, which shall be retained on the

BEER KEG REGISTRATION  |  13

Hours of Sale

B & P CODE 25631. RETAIL HOURS OF SALE

Any on-sale or off-sale licensee, or agent or 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 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, distiller, importer, or any of them. Every person violating the provisions of this section is guilty of a misdemeanor.

14  |  HOURS OF SALE

Harmful Matter

TO LICENSEE:

You may not sell, rent, give, or videos and label it, “Adults Only.” show harmful matter to persons If you sell books or magazines under age 18. of harmful matter, you should Harmful matter includes, but is contact your local police or not limited to, a book, magazine, sheriff’s department about any newspaper, or video that local ordinances that may apply. “…depicts or describes in a Some cities and counties require patently offensive way sexual you to place “blinder racks” in conduct… and lacks serious front of such material so that the literary, artistic, political, or lower two-thirds of the material is scientific value for minors.” not exposed to view.

If you sell harmful matter, you If you violate Penal Code Section

must use reasonable care in 313.1, you may be subject to ascertaining the true age of a criminal penalties as set forth in minor. Penal Code Section 313.4 below, and suspension or revocation of If you sell or rent videos of your alcoholic beverage license harmful matter, you must create by the Department of Alcoholic an area within your licensed Beverage Control. premises for the placement of the

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

HARMFUL MATTER  |  15

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 or written material or any picture, drawing, photograph, motion picture, or other pictorial representation or any statue or other figure, or any recording, transcription, or mechanical,

16  |  HARMFUL MATTER

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

GAMBLING  |  17

Concurrent Sales of Gasoline and Alcohol

B & P CODE 23790. 5. CONCURRENT SALES

• d) Notwithstanding any other provision of law, establishments engaged in the concurrent sale of motor vehicle fuel with beer and wine for off-premises consumption shall abide by the following conditions:

»» 1) No beer or wine shall be displayed within five feet of the cash register or the front door

unless it is in a permanently affixed cooler as of January 1, 1988.

»» 2) No advertisement of alcoholic beverages shall be displayed at motor fuel islands.

»» 3) No sale of alcoholic beverages shall be

made from a drive-in window.

»» 4) No display or sale of beer or wine shall be

made from an ice tub.

»» 5) No beer or wine advertising shall be

located on motor fuel islands and no self- illuminated advertising for beer or wine shall be located on buildings or windows.

»» 6) Employees on duty between the hours of

10 p.m. and 2 a.m. who sell beer or wine shall be at least 21 years of age to sell beer and wine.

The standards contained in this subdivision are minimum state standards which do not limit local regulation otherwise permitted under this section.

18  |  CONCURRENT SALES OF GASOLINE AND ALCOHOL

Tobacco Sales

PENAL CODE 308. TOBACCO SALES Service Act, or an identification card issued to a member of the Armed Forces. For purposes • a)(1) Every person, firm, or corporation that of this section, the person liable for selling or knowingly or under circumstances in which furnishing tobacco products to minors by a it has knowledge, or should otherwise have tobacco vending machine shall be the person grounds for knowledge, sells, gives, or in any authorizing the installation or placement of way furnishes to another person who is under the tobacco vending machine upon premises the age of 18 years any tobacco, cigarette, or he or she manages or otherwise controls and cigarette papers, or blunts wraps, or any other under circumstances in which he or she has preparation of tobacco, or any other instrument knowledge, or should otherwise have grounds or paraphernalia that is designed for the for knowledge, that the tobacco vending smoking or ingestion of tobacco, products machine will be utilized by minors. (2) For prepared from tobacco, or any controlled purposes of this section, “blunt wraps” means substance, is subject to either a criminal cigar papers or cigar wrappers of all types action for a misdemeanor or to a civil action that are designed for smoking or ingestion brought by a city attorney, a county counsel, or of tobacco products and contain less than 50 a district attorney, punishable by a fine of two percent tobacco. (b) Every person under the hundred dollars ($200) for the first offense, five age of 18 years who purchases, receives, or hundred dollars ($500) for the second offense, possesses any tobacco, cigarette, or cigarette and one thousand dollars ($1,000) for the third papers, or any other preparation of tobacco, or offense. Notwithstanding Section 1464 or any any other instrument or paraphernalia that is other provision of law, 25 percent of each civil designed for the smoking of tobacco, products and criminal penalty collected pursuant to prepared from tobacco, or any controlled this subdivision shall be paid to the office of substance shall, upon conviction, be punished the city attorney, county counsel, or district by a fine of seventy-five dollars ($75) or 30 attorney, whoever is responsible for bringing hours of community service work. the successful action, and 25 percent of each civil and criminal penalty collected pursuant • c) Every person, firm, or corporation that sells, to this subdivision shall be paid to the city or or deals in tobacco or any preparation thereof, county for the administration and cost of the shall post conspicuously and keep so posted in community service work component provided his, her, or their place of business at each point in subdivision (b). of purchase the notice required pursuant to subdivision (b) of Section 22952 of the Business • b) Proof that a defendant, or his or her and Professions Code, and any person failing employee or agent, demanded, was shown, and to do so shall, upon conviction, be punished by reasonably relied upon evidence of majority a fine of fifty dollars ($50) for the first offense, shall be defense to any action brought pursuant one hundred dollars ($100) for the second to this subdivision. Evidence of majority of a offense, two hundred fifty dollars ($250) for the person is a facsimile of or a reasonable likeness third offense, and five hundred dollars ($500) of a document issued by a federal, state, county, for the fourth offense and each subsequent or municipal government, or subdivision or violation of this provision, or by imprisonment agency thereof, including, but not limited to, a in a county jail not exceeding 30 days. motor vehicle operator’s license, a registration certificate issued under the federal Selective • d) For purposes of determining the liability of persons, firms, or corporations controlling

TOBACCO SALES  |  19

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.

20  |  TOBACCO SALES

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  |  21

Other Related Statutes

B & P CODE 23402. PURCHASES BY RETAIL jury determines that this action would be in LICENSEES the interests of justice, the district attorney or the grand jury, as the case may be, may, No retail on-sale or off-sale licensee, except a if the value of the property does not exceed daily on-sale general licensee holding a license nine hundred fifty dollars ($950), specify issued pursuant to Section 24045.1, (by the in the accusatory pleading that the offense Alcoholic Beverage Control) shall purchase shall be a misdemeanor, punishable only by alcoholic beverages for resale from any person imprisonment in a county jail not exceeding except a person holding a beer manufacturer’s, one year. A principal in the actual theft of the wine grower’s, rectifier’s, brandy manufacturer’s, property may be convicted pursuant to this or wholesaler’s license. section. However, no person may be convicted both pursuant to this section and of the theft of B & P CODE 25607. UNLAWFUL POSSESSION ON the same property. PREMISES • b) Every swap meet vendor, as defined in Section 21661 of the Business and • a) Except as provided in subdivision (b), it is Professions Code, and every person whose unlawful for any person or licensee to have principal business is dealing in, or collecting, upon any premises for which a license has merchandise or personal property, and every been issued any alcoholic beverages other than agent, employee, or representative of that the alcoholic beverage which the licensee is person, who buys or receives any property of authorized to sell at the premises under his a value in excess of nine hundred fifty dollars or her license. It shall be presumed that all ($950) that has been stolen or obtained in alcoholic beverages found or located upon any manner constituting theft or extortion, premises for which licenses have been issued under circumstances that should cause the belong to the person or persons to whom the person, agent, employee, or representative licenses were issued. Every person violating to make reasonable inquiry to ascertain that the provisions of this section is guilty of a the person from whom the property was misdemeanor. The department may seize any bought or received had the legal right to sell alcoholic beverages found in violation of this or deliver it, without making a reasonable section. inquiry, shall be punished by imprisonment in a state prison, or in a county jail for not more PENAL CODE 496. STOLEN PROPERTY than one year. Every swap meet vendor, as • a) Every person who buys or receives any defined in Section 21661 of the Business and property that has been stolen or that has been Professions Code, and every person whose obtained in any manner constituting theft or principal business is dealing in, or collecting, extortion, knowing the property to be so stolen merchandise or personal property, and every or obtained, or who conceals, sells, withholds, agent, employee, or representative of that or aids in concealing, selling, or withholding person, who buys or receives any property of any property from the owner, knowing the a value of nine hundred fifty dollars ($950) property to be so stolen or obtained, shall be or less that has been stolen or obtained in punished by imprisonment in a state prison, any manner constituting theft or extortion, or in a county jail for not more than one year. under circumstances that should cause the However, if the district attorney or the grand person, agent, employee, or representative to

22  |  OTHER RELATED STATUTES

make reasonable inquiry to ascertain that the person from whom the property was bought or received had the legal right to sell or deliver it, without making a reasonable inquiry, shall be guilty of a misdemeanor.

• c) Any person who has been injured by a violation of subdivision (a) or (b) may bring an action for three times the amount of actual damages, if any, sustained by the plaintiff, costs of suit, and reasonable attorney’s fees.

• d) Notwithstanding Section 664, any attempt 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.

OTHER RELATED STATUTES  |  23

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 Foods Regulations, 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.

24  |  PROP 65 NOTICE

Clerk’s Affidavit and Sign

TO LICENSEE:

Section 25658.4 requires every other than your licensed stores, person who sells alcoholic you must maintain at each store beverages in your store to read, a notice of where the signed understand and sign a Clerk’s Clerk’s Affidavits are kept. In Affidavit. You may photocopy addition, you must provide any this form or create your own. If signed Clerk’s Affidavit to the you create your own, its content Department, upon its written must match parts 1 through 4 demand, within 10 days. of this form. You must keep the Section 25658.4 also requires you signed Clerks’ Affidavits on your to post a sign like the one shown licensed premises at all times on page 31 in your store. You and make them available for must post it at your entrance, inspection by the Department. point of sale or any other location If you have more than one store, visible to your customers and you may keep the signed Clerks’ employees. The sign should be at Affidavits at a location other than least 8-1/2 x 11 inches. your licensed stores. However, Failure to comply with the above you must notify the Department may result in the suspension or in advance and in writing. If revocation of your ABC license. you decide to keep the signed Clerks’ Affidavits at a location

PART 1: REVIEW OF LAWS person under the age of 21 years who consumes any alcoholic beverage in any on-sale premises, (Clerk Must Read And Understand These Laws) is guilty of a misdemeanor. B & P CODE 25658. SALES TO MINORS • c) Any person who violates subdivision (a) by purchasing any alcoholic beverage for, or • a) Except as otherwise provided in subdivision furnishing, giving, or giving away any alcoholic (c), every person who sells, furnishes, gives, or beverage to, a person under the age of 21 causes to be sold, furnished, or given away, any years, and the person under the age of 21 years alcoholic beverage to any person under the age thereafter consumes the alcohol and thereby of 21 years is guilty of a misdemeanor. proximately causes great bodily injury or death to himself, herself, or any other person, is guilty • b) Any person under the age of 21 years who of a misdemeanor. purchases any alcoholic beverage, or any

CLERK’S AFFIDAVIT AND SIGN  |  25

• e) (1) Except as otherwise provided in employed or is not attending school, or a paragraph (2) or (3), any person who violates combination of fine and community service this section shall be punished by a fine of two as determined by the court. A second or hundred fifty dollars ($250), no part of which subsequent violation of this section shall shall be suspended, or the person shall be be punished by a fine of not more than five required to perform not less than 24 hours hundred dollars ($500), or the person shall or more than 32 hours of community service be required to perform not less than 36 hours during hours when the person is not employed or more than 48 hours of community service and is not attending school, or a combination during hours when the person is not employed of a fine and community service as determined or is not attending school, or a combination by the court. A second or subsequent violation of fine and community service, as the court of subdivision (b) shall be punished by a deems just. It is the intent of the Legislature fine of not more than five hundred dollars that the community service requirements ($500), or the person shall be required to prescribed in this section require service at an perform not less than 36 hours or more than alcohol or drug treatment program or facility or 48 hours of community service during hours at a county coroner’s office, if available, in the when the person is not employed and is not area where the violation occurred or where the attending school, or a combination of a fine person resides. and community service as determined by the • b) The penalties imposed by this section do court. It is the intent of the Legislature that the not preclude prosecution or the imposition community service requirements prescribed of penalties under any other provision of law, in this section require service at an alcohol including, but not limited to, Section 13202.5 of or drug treatment program or facility or at the Vehicle Code. a county coroner’s office, if available, in the area where the violation occurred or where the person resides. (2) Except as provided B & P CODE 25660. DOCUMENTARY EVIDENCE in paragraph (3), any person who violates OF AGE AND IDENTITY; PROOF OF RELIANCE AS subdivision (a) by furnishing an alcoholic DEFENSE beverage, or causing an alcoholic beverage to be furnished, to a minor shall be punished • a) Bona fide evidence of majority and identity by a fine of one thousand dollars ($1,000), of the person is any of the following: no part of which shall be suspended, and the »» 1) A document issued by a federal, state, person shall be required to perform not less county, or municipal government, or than 24 hours of community service during subdivision or agency thereof, including, hours when the person is not employed and but not limited to, a valid motor vehicle is not attending school. (3) Any person who operator’s license, that contains the name, violates subdivision (c) shall be punished by date of birth, description, and picture of the imprisonment in a county jail for a minimum person. term of six months not to exceed one year, by a fine of one thousand dollars ($1,000), or by »» 2) A valid passport issued by the United States both imprisonment and fine. or by a foreign government. • b) Proof that the defendant-licensee, or his or B & P CODE 25658. 5 ATTEMPT TO PURCHASE her employee or agent, demanded, was shown, BY MINOR and acted in reliance upon bona fide evidence in any transaction, employment, use, or • a) Any person under the age of 21 years who permission forbidden by Section 25658, 25663, attempts to purchase any alcoholic beverage or 25665 shall be a defense to any criminal from a licensee, or the licensee’s agent or prosecution therefor or to any proceedings for employee, is guilty of an infraction and shall the suspension or revocation of any license be punished by a fine of not more than two based thereon. hundred fifty dollars ($250), or the person shall be required to perform not less than 24 Note: The person accepting identification must hours or more than 32 hours of community make a reasonable inspection of the identification service during hours when the person is not and act with due diligence to confirm that the

26  |  CLERK’S AFFIDAVIT AND SIGN

identification presented is that of the person Note: Some stores must stop selling alcoholic presenting it. The picture and physical description beverages earlier than 2:00 a.m. because of local on the identification must match the customer. If laws or special conditions (restrictions) on the ABC the identification is altered or mutilated, it is not license. acceptable. It must be currently valid, in other words, not expired. B & P CODE 25602. OBVIOUSLY INTOXICATED PERSON B & P CODE 25631. RETAIL HOURS OF OPERATION • a) Every person who sells, furnishes, gives, or causes to be sold, furnished, or given away, any Any on- or off-sale licensee, or agent or employee alcoholic beverage to any habitual or common of that licensee, who sells, gives, or delivers to drunkard or to any obviously intoxicated any persons any alcoholic beverage or any person person is guilty of a misdemeanor. who knowingly purchases any alcoholic beverage • b) No person who sells, furnishes, gives, or between the hours of 2 o’clock a.m. and 6 o’clock causes to be sold, furnished, or given away, any a.m. of the same day, is guilty of a misdemeanor. alcoholic beverage pursuant to subdivision For the purposes of this section, on the day that (a) of this section shall be civilly liable to any a time change occurs from Pacific standard time injured person or the estate of such person for to Pacific daylight saving time, or back again to injuries inflicted on that person as a result of Pacific standard time, “2 o’clock a.m.” means two intoxication by the consumer of such alcoholic hours after midnight of the day preceding the day beverage. such change occurs. Note: It is illegal to sell alcohol to a person who is displaying obvious symptoms of intoxication. B & P CODE 25632. CONSUMPTION Any retail licensee, or agent or employee of such B & P CODE 25602. 1. CIVIL LIABILITY licensee, who permits any alcoholic beverage Notwithstanding subdivision (b) of Section to be consumed by any person on the licensee’s 25602, a cause of action may be brought by or on licensed premises during any hours in which it behalf of any person who has suffered injury or is unlawful to sell, give, or deliver any alcoholic death against any person licensed, or required beverage for consumption on the premises is to be licensed, pursuant to Section 23300, or any guilty of a misdemeanor. person authorized by the federal government to sell alcoholic beverages on a military base or B & P CODE 25633. HOURS FOR DELIVERY other federal enclave, who sells, furnishes, gives Except as otherwise provided in this section, no or causes to be sold, furnished or given away any person licensed as a manufacturer, winegrower, alcoholic beverage, and any other person who distilled spirits manufacturer’s agent, rectifier, or sells, or causes to be sold, any alcoholic beverage, wholesaler of any alcoholic beverage shall deliver to any obviously intoxicated minor where the or cause to be delivered any alcoholic beverage to furnishing, sale or giving of that beverage to the or for any person holding an on-sale or off-sale minor is the proximate cause of the personal license on Sunday or except between the hours of injury or death sustained by that person. 3 a.m. and 8 p.m. of any day other than Sunday. Any alcoholic beverage may be delivered at the B & P CODE 23393 & 23394. OFF-SALE platform of the manufacturing, producing, or PRIVILEGES distributing plant at any time. Nothing contained in this section prohibits the transportation or B & P Code 23393. A retail package off-sale beer the carriage and delivery in transit at any time and wine license authorizes the sale, to consumers of any alcoholic beverage between the premises only and not for resale, of beer in containers, and of a manufacturer, winegrower, wholesaler, wine in packages and in quantities of 52 gallons distiller, importer, or any of them. Every person or less per sale, for consumption off the premises violating the provisions of this section is guilty of where sold. a misdemeanor. B & P Code 23394. An off-sale general license includes the privileges specified in Section 23393

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and authorizes the sale, to consumers only and provides false information as required by not for resale, except to holders of daily on- subdivision (a) is guilty of a misdemeanor. sale general licenses issued pursuant to Section • e) The identification label required pursuant to 24045.1, of distilled spirits for consumption off the subdivision (a) shall be constructed of material premises where sold. Standards of fill for distilled and made attachable in such a manner as to spirits authorized for sale pursuant to this section make the label easily removable for the purpose shall conform in all respects to the standards of cleaning and reusing the keg by a beer established pursuant to regulations issued under manufacturer. the Federal Alcohol Administration Act (27 U.S.C. Secs. 201 et seq.) and any amendments thereto. • f) The Department is authorized to charge a fee not to exceed the actual cost of supplying Note: Alcoholic beverages may only be sold in receipt forms and identification labels required sealed, unopened bottles, packages or containers. pursuant to subdivision (a). Fees collected No person may drink alcoholic beverages in a store pursuant to this subdivision shall be deposited or in adjacent parking lots or other areas under the in the Alcohol Beverage Control Fund. control of the store. • g) As used in this section, “keg” means any B & P CODE 25659. 5. BEER KEG REGISTRATION brewery-sealed, individual container of beer having a liquid capacity of six gallons or more. • a) Retail licensees selling keg beer for consumption off licensed premises shall place Note: Keg receipts must be fully completed at the an identification tag on all kegs of beer at the time of sale and be maintained in the store with time of sale and shall require the signing of accurate, corresponding identification labels. a receipt for the keg of beer by the purchaser in order to allow kegs to be traced if the contents are used in violation of this article. The keg identification shall be in the form of a numbered label prescribed and supplied by the department that identifies the seller. The receipt shall be on a form prescribed and supplied by the department and shall include the name and address of the purchaser and the purchaser’s driver’s license number or equivalent form of identification number. A retailer shall not return any deposit upon the return of any keg that does not have the identification label required pursuant to subdivision (a).

• b) Any licensee selling keg beer for off premise consumption who fails to require the signing of a receipt at the time of sale and fails to place a numbered identification label on the keg shall be subject to disciplinary action pursuant to this division. The licensee shall retain a copy of the receipt, which shall be retained on the licensed premise for a period of six months. The receipt records shall be available for inspection and copying by the Department or other authorized law enforcement agency.

• c) Possession of a keg containing beer with knowledge that the keg is not identified as required by subdivision (a) is a misdemeanor.

• d) Any purchaser of keg beer who knowingly

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PART 2: CLERK’S PRIOR VIOLATIONS

(Clerk Must Check One)

I have never been convicted of violating any law in the Alcoholic Beverage Control Act (such as

selling an alcoholic beverage to an underage or obviously intoxicated person).

I have been convicted of violating a law (or laws) in the California Alcoholic Beverage Control

Act (such as selling an alcoholic beverage to an underage or obviously intoxicated person). [If you checked this box, please explain in full what happened. Use the space below or a separate sheet of paper, if necessary]

PART 3: DECLARATION UNDER PENALTY OF PERJURY

(Clerk Must Complete This Section)

I have read and understand this affidavit. I swear that all statements I have made in this affidavit are true. I swear that I signed this affidavit, on the date stated, under “penalty of perjury.” I understand that if I did not tell the truth in this affidavit, I may be found guilty of perjury.

Signature of Clerk Date

Name of Clerk (Printed)

Home Address City State / Zip

Home Telephone Work Telephone

PART 4: ACKNOWLEDGMENT OF LICENSEE

(Licensee Must Complete This Section)

I have reviewed the attached Clerk’s Affidavit with the person who signed it. I will keep a signed copy of the Clerk’s Affidavit at (address):

I understand if I do not have a signed Clerk’s Affidavit for every person who sells alcoholic

beverages in my store, the ABC may discipline my license.

Signature of Licensee (Or Licensee’s Agent) Date ABC License Number

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PART 5: NOTICE TO LICENSEE

(Licensee Must Read This Section, Then Post Sign In Store)

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.

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NOTICE TO CUSTOMERS Pursuant to Section 25658.4 Business and Professions Code

This store 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; (4) The customer intends to drink the alcoholic beverage in this store or on adjacent property immediately outside this store; or (5) 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 store's license to sell alcoholic beverages. --The Management

ABC-299 (01/11) 6

NOTICE TO CUSTOMERS  |  31

O L IC P E CA L IF O R NIA

EST. 1955

D E PA RT M E N T o f A LCOH OLI C BEVERAGE CON T ROL

A B C . C A . G OV