Selling Alcohol During Specific Times
As most people know, alcohol comes with various legal limitations. Those who are under 21 years old (minors) are not allowed to buy or consume it and alcohol cannot be sold and consumed everywhere in California. There are some places that can legally sell alcohol, such as a bar, nightclub, or liquor store, but even these selling points have restrictions. In fact, California law has made it illegal for these places to sell alcohol within a set period of time.
The Legal Statute
According to the California Business and Professions Code 25631, it is illegal for licensed places to sell alcohol during the hours of 2:00 AM and 6:00 AM. The law is not just restricted to selling alcohol. The bar or club cannot give a person alcohol for free, either. This code applies to two types of licensed establishments: on-sale and off-sale. On-sale premises are those that allow for the drinking of alcohol right on the premises of the establishment. Off-sale is the opposite and the person will have to drink the alcohol somewhere else – this is a liquor store.
Defenses and Punishments
If an employee or agent of the licensed establishment is found to be selling alcohol between 2 AM and 6 AM, they can be charged with a misdemeanor. If the prosecution proves their case and the defendant is found guilty, they face up to six months in jail and paying a fine. Therefore, it is incredibly important that all licensed establishments know when they are allowed to sell alcohol. Those facing this charge should seek the advice of an experienced criminal defense lawyer in order to defend themselves in court.