General Alcohol
Regulation in the State of California.
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Legal Age to Consume Alcohol |
21 years of age (Twenty-One) |
Legal Age to Pour Alcohol |
21 for bartenders and cocktail
servers, 18 to serve alcohol in a bonafide eating place, if working in an
area primarily designed and used for the sale and service of food, and as an
incidental part of a server's overall duties. |
Legal Age to Sell Alcohol |
In package stores employees ages 17
and younger may sell only if directly supervised by someone at least 21;
otherwise 18. Employees in premises that sell alcohol and gasoline must be
21 for sales between 10:00 p.m. and 2:00 a.m. |
Legal Age to Serve Alcohol |
21 for bartenders and cocktail
servers, 18 to serve alcohol in a bonafide eating place, if working in an
area primarily designed and used for the sale and service of food, and as an
incidental part of a server's overall duties. |
Limit for Driving While Intoxicated
Notice about BAC Limits |
.08 (DUI/DWI); Under 21 - .01; Commercial Driver -
.04 |
Maximum Alcohol per Drink |
Not Regulated |
Number of Drinks One Can Serve at One Time |
Not Regulated |
State/Province Dram Shop Liability Laws |
Yes - Limited |
Social Host Liability Laws |
No - |
Acceptable Forms of Identification
The ABC recommends that licensees accept only "Bona Fide" identification
which are currently valid, issued by a Government Agency and contain the
following criteria: |
Name of Person, Photograph, Physical Description, Date of
Birth, Issued by a Governmental Agency, & Must be Valid (Not Expired). |
For additional information see Section 25660 of the B&P Code. |
Recommended Age for Carding (not mandatory): |
Hours of Alcohol Sales
On-Premise Establishments |
Sales are permitted between 6:00 a.m. and 2:00 a.m. of the next day, unless
restricted by special ABC conditions. |
Retail Stores |
Sales are permitted between 6:00 a.m. and 2:00 a.m. of the next day, unless
restricted by special ABC conditions. |
Policies Regarding ID Confiscation
Under Section 25659, a licensee, or
his or her agent or employee, may seize any identification by a person that
shows to be under 21 or false, so long as a receipt is given to the person
from whom it was seized and the seized identification is given over to the
local law enforcement agency that has jurisdiction over the premises within
24 hours. |
Policies Regarding Minors
It is unlawful to serve or sell
alcohol to anyone under the age of 21. Persons under 21 years of age may not
enter and remain in any premises with a green-colored ABC license except on
lawful business. These premises are required to post a sign visible from the
exterior at each public entrance and another one inside stating that no one
under the age of 21 is allowed inside. Minors may enter and remain in any
licensed premises which has a pink-colored ABC license.
Minors are not allowed to consume alcohol in the presence of their parents
or legal guardian under any circumstances, either on or off a licensed
premises, except that a very small amount of an alcoholic beverage may be
consumed in a bonafide religious service. The prohibition extends to all
locations in the state, not only within a licensed premises. Those
furnishing alcoholic beverages to minors face a misdemeanor charge
regardless of the location (except as described above.) |
Laws Regulating Server Training
There are no state laws regulating server training. Some cities
or counties may require server training as part of their
Conditional Use Permit process (e.g., City of Dana Point in
Orange County). The Department of Alcoholic Beverage Control
offers a voluntary training program for licensees called LEAD
(Licensee Education on Alcohol and Drugs). This program focuses
its training efforts on new license applicants, licensees
located in high-crime areas, licensees who have violated ABC
laws, major special events and county fairs. This program is,
however, open to all persons. |
Regulation of Non Alcohol Beer and Wine
Formally there are no laws regulating
the sale of non-alcohol brew or non-alcohol wine to minors; however,
California authorities strongly recommend establishments not make those
sales. The beverage is not considered to be an alcoholic beverage if it
contains less than one-half of 1% alcohol by volume. |
Summary of Liquor Liability Laws
Following is a list of violations and
penalties:
-
Minors in a public premises
(bar/green license): penalty for licensee is maximum penalty of $1000
and/or 6 months in county jail.
-
Minors in a public premises (bar):
penalty for minor is fine not less than $200.
-
Sale during prohibited hours:
maximum penalty of $1000 and/or 6 months in county jail.
-
Sale to an intoxicated person:
maximum penalty of $1000 and/or 6 months in county jail.
-
Sale to a habitual drunkard:
maximum penalty of $1000 and/or 6 months in county jail.
-
Sale to minors: maximum penalty of
$250 and/or 24-32 hours Community Service.
-
Sale to minors - 2nd offense:
maximum penalty of $500 and/or 36-48 hours of Community Service.
-
Furnishing alcohol to a minor:
$1000 and 24 hours Community Service.
-
Furnishing alcohol to a minor
resulting in great bodily injury or death: minimum 6 months in jail
and/or maximum $1000 fine.
ABC administrative penalties are determined on a case-by-case basis.
Learn more about ABC in the
State of California.
|
Statute of Limitations
The Statute of Limitations is one to three years
depending on the type of violation. |
Summary of Happy Hour Laws
Licensees may not offer free drinks,
two-for-one drink specials or anything of value in conjunction with the sale
of an alcoholic beverage.
The law allows a licensee to offer a food and drink combination for a
special price as long as the drink is not free or complimentary. The price
paid for a meal alone must be less the price for a meal and an alcoholic
beverage together.
There is no difference between "happy hour," "drink specials," and/or
"promotions" as these are generic terms used to describe reduced rates for
drinks and are permitted as long as the retailer charges a price for the
drink which does not under-cut the wholesale price paid. |
State Alcoholic Beverage Control Agency Contact Information
Name: |
Department of Alcoholic Beverage Control in Sacramento |
Telephone: |
1-916-263-6900 |
E-Mail: |
postmaster@email.abc.ca.gov |
Web Site: |
https://www.abc.ca.gov |
If you have any further questions please call our office to speak
with an event planner coordinator at 800.665.0804 or
e-mail us
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