HomeMy WebLinkAbout1997-11-25 - AGENDA REPORTS - POSTING SIGNS (2)AGENDA REPORT
NEW BUSINESS City Manager Approval:
Item to be presented by: Adele Macpherson
DATE: November 25, 1997
SUBJECT: RESOLUTION NO. 97-103: OF THE CITY OF SANTA CLARITA
ENDORSING SECTIONS OF THE CALIFORNIA CODE OF
REGULATIONS RELATING TO THE POSTING OF SIGNS WHERE
ALCOHOLIC BEVERAGES ARE SOLD WARNING OF THE EFFECT OF
ALCOHOL ON PREGNANT WOMEN.
DEPARTMENT: Parks, Recreation, and Community Services
RECOMMENDED ACTION
City Council adopt Resolution No. 97-103 of the City of Santa Clarita endorsing sections of the
California code of regulations relating to the posting of signs where alcoholic beverages are sold
warning of the effect of alcohol on pregnant women.
The Surgeon General of the United States has recommended that women who are pregnant, or
considering pregnancy, be advised not to drink alcoholic beverages and be aware of the alcoholic
content in anything they consume. Studies have proven that alcohol consumption during
pregnancy, especially in the early months, can cause mental retardation, facial abnormalities,
skeletal effects (including small size), and internal organ malfunctions collectively known as
Fetal Alcohol Syndrome.
The State of California has adopted laws which alcohol retail licensees must follow and are
enforced by the Department of Alcoholic Beverage Control. Pursuant to Section
12601(bX1XDX1) and 12601(bX4XE) of the California Code of Regulations, `All on -and -off sale
licensees must post warning signs reading. "Warning: Drinking spirits, beer, coolers, wine, and
other alcoholic beverages may increase cancer risk, and during pregnancy can cause birth
defects." Failure to comply with this law may constitute a civil infraction enforceable by the
Department of Alcoholic Beverage Control on a case-by-case basis. A civil lawsuit may be
brought against a licensee by the Attorney General, a District Attorney, or a private citizen with
a maximum of $2,500 penalty per violation.
In order to serve the public health, safety, and welfare, the purpose of this item is to educate
the public and increase awareness about the potential effects of alcohol consumption by
pregnant women.
FISCAL IMPACT
None by this action.
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ATTACHMENTS
Resolution No. 97-103
Quick Summary of Selected Laws for Retail Licensees - Department of Alcoholic Beverage
Control
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RESOLUTION NO. 97-103
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA,
CALIFORNIA RELATING TO THE POSTING OF SIGNS WHERE
ALCOHOLIC BEVERAGES ARE SOLD WARNING OF
THE EFFECT OF ALCOHOL ON PREGNANT WOMEN
WHEREAS, The City Council finds, that alcohol consumption during pregnancy may
cause irreversible, adverse effects on the developing fetus (including mental retardation), facial
abnormalities, skeletal effects (including small size), and internal organ malfunctions,
collectively known as Fetal Alcohol Syndrome; and
WHEREAS, the City Council finds that alcohol consumption during pregnancy is
associated with a wide range of Fetal Alcohol Effects including a high ratio of miscarriages, low
birth weight and size, Attention Deficit Disorder and childhood hyperactivity, and other
individual features of Fetal Alcohol Syndrome; and
WHEREAS, the City Council finds that Fetal Alcohol Syndrome and Fetal Alcohol Effects
can be prevented by abstinence from alcohol during pregnancy; and
WHEREAS, the City Council finds that information at the place of alcohol purchase will
warn the general public and specifically, pregnant women and those women contemplating
pregnancy.
NOW, THEREFORE, the City Council of the City of Santa Clarita does resolve to
endorse, support, and affirm the California State Law which is as follows:
SECTION 1: The purpose of this article is to educate the public of the danger of alcohol
for pregnant women through warning signs placed at all locations where
alcoholic beverages are sold to the public.
Duty to Post. Any person or entity who owns, operates, manages, leases
or rents a premises offering wine, beer, or other alcoholic beverages for
sale to the public, shall post signs warning of the danger of alcohol on the
fetus. The signs shall read as follows: Warning: Drinking distilled
spirits, beer, coolers, wine and other alcoholic beverages may increase
cancer risk, and during pregnancy can cause birth defects.
A sign or notice shall be placed where the sale or dispensing of wine, beer
or other alcoholic beverage to the public is primarily intended for
consumption off the premises; where the sale of wine, beer, or other
alcoholic beverages to the public is primarily for consumption off the
premises through over-the-counter service; where the sale of wine, beer
and other alcoholic beverages to the public is primarily for consumption
on the premises at tables served by food or beverage service persons,
SECTION 2: The City Clerk shall certify to the adoption of this resolution.
N,,I of2
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PASSED, APPROVED AND ADOPTED this
ATTEST:
CITY CLERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF SANTA CLARITA
day of '19—.
MAYOR
I, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita, do hereby certify
that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita
at a regular meeting thereof, held on the day of , 19_ by the
following vote of Council:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
CITY CLERK
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Quick Summary of Selected Laws
for Retail Licensees
Department of
Alcoholic Beverage Control
Introduction
This pamphlet explains, in simple terms, some State laws and rules that retail licensees must follow. There are other State and local laws not listed here.
When in doubt, call your local ABC office. You can also buy the entire set of ABC laws and rules from your local ABC office for $11.50 plus tax.
ABC Penalties. ABC decides penalties for licensees on a case-by-case basis. ABC gives consideration to the type of violation, the licensee's past record,
and the facts of each case.. ABC penalties may be probation, suspension. of the ABC license, a fine of $75046,000, or revocation of the ABC license.
Definitions. "B&P" means the Business and Professions Code. "CCR" means the California Code of Regulations. "PC" means the Penal Code. "H&S"
means the Health and Safety Code. The term "licensee" as used here, means licensees, their agents, and employees. "Alcohol" means an alcoholic beverage. "On -
sale" means bars, restaurants, taverns, clubs, hotels, motels, etc. "Off -sale" means liquor stores, grocery stores, convenience stores, etc. "Minor" means person
under age 21. "Licensed premises" includes the parking lot under the control of the licensee.
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1 . After Hours
Criminal, For the licensee or employee who sells or
Licensees may not sell, give, or deliver alcohol (by the drink or by the package) between
permits consumption after hours and for the patron who
2:00 a.m. and 6:00 a.m. of the same day. No person may knowingly purchase alcohol between
knowingly purchases after hours, the penalty is a
2:00 a.m. and 6:00 a.m. (Sec. 25631 B&P) Licensees may not permit patrons or employees lo
maximum $1,000 fine and/or six months in county jail.
consume alcohol between 2:00 a.m. and 6:00 a.m. of the same day (even if someone bought the
(Sec. 25617 B&P)
drinks before 2:00 a.m.). (Sec. 25632 B&P) Some ABC licenses have special conditions
(restrictions) as to hours of sale that are stricter than the law. Those licenses are marked
ABC. Decided on a case-by-case basis
"Conditional." 23800-23805 B&P
2. Attire and Conduct
Criminak Violation of Rule 143.2 CCR carries no
On -sale licensees may not permit these acts:
criminal penalty. For violation of Sec. 311.6 PC, the
"(1) To employ or use any person in the sale or service of alcoholic beverages in or upon the
penalty is a maximum six months in county jail andfor a
licensed premises while such person is unclothed or in such attire, costume or clothing as to
maximum $1,000 fine. (Sec. 19 PC)
expose to view any portion of the female breast below the top of the areola or of any portion of
the pubic hair, anus, cleft of the buttocks, vulva or genitals.
ABC. Decided on a case-by-case basis
(2) To employ or use the services of any hostess or other person to mingle with the patrons while
such hostess or other person is unclothed or in such attire, costume or clothing as described in
paragraph (1) above.
(3) To encourage or permit any person on the licensed premises to touch, caress, or fondle the
breasts, buttocks, anus or genitals of any other person.
(4) To permit any employee or person to wear or use any device or covering, exposed to view,
which simulates the breast, genitals, anus, pubic hair or any portion thereof."
(Rule 143.2 CCR. Also violates See. 311.6 PC if conduct is "obscene;" e.g., intercourse,
sodomy, masturbation etc.
ABC -608 (11/96)
3.
Authority of Peace Officers/Refusing Inspection
Criminal: For refusing to permit an inspection, the penalty
Police officers, sheriffs' deputies, and ABC investigators are sworn law enforcement officers (peace
is a $10041,000 fine and/or one to six months in county
officers) with powers of arrest. Whether in plainclothes or uniform, peace officers have the legal
jail. (Sec. 25616 B&P)
right to visit and inspect any licensed premises at any time during business hours without a search
For resisting, delaying, or obstructing a peace officer, the
warrant or probable cause. This includes inspecting the bar and back bar, store room, office,
penalty is a maximum $1,000 fine and/or maximum one year
closed or locked cabinets, safes, kitchen, or any other area within the licensed premises. It is legal
in county jail. (Sec. 148(a) PC)
and reasonable for licensees to exclude the public from some areas of the premises. However,
For assaulting a peace officer, the penalty is a maximum
licensees cannot and must not deny entry to, resist, delay, obstruct, or assault a peace officer.
$2,000 fine and/or a maximum one year in county jail. (Sec.
(Secs. 25616, 25753, and 25755 B&P; 148 and 241(b) PC)
241(b) PC)
ABC: Decided on a case-by-case basis
4.
Beer Keg Registration
Criminal: The penalty is a maximum $1,000 fine and/or six
Licensees selling keg beer (six gallon capacity or larger): (a) Must tag all kegs and have. the
months in county jail for (1) the licensee, (2) the person who
customer sign a receipt; (b) Must retain the receipts on the premises for six months and make
possesses the unidentified keg; and (3) the customer who
them available to peace officers; (c) May not return any deposit upon the return of any keg that
provides false information to the licensee. (Sec. 25617
does not have an identification tag.
B&P)•
It is against the law for a customer to: (a) Possess a keg containing beer knowing that the keg
does not have an identification tag; or (b) Provide false information to the licensee.
ABC: Decided on a case-by-case basis
Section 25659.5 B&P
5.
Clerk's Affidavit; Posting of Sign
Criminal: None
Any person selling alcohol at an off-sale premises must sign a statement that he or she
understands basic ABC laws and must disclose any ABC law convictions. The licensee must post
ABC: Decided on a case-by-case basis
signs in the store that wam customers. See Form ABC-299 for wording.) Sec. 25658.4 B&P
6.
Concurrent Sales of Alcohol and Gasoline
Criminal. None
licensees who sell both gasoline and alcohol must abide by the following conditions:
1. No beer or wine within five feet of the cash register or front door (unless in a permanently
ABC: Decided on a case-by-case basis
affixed cooler since 1/1/88);
2. No alcohol advertisements at the fuel islands;
3. No alcohol sales from a drive-in window;
4. No alcohol sales from an ice tub;
5. No self-illuminated beer or wine advertisements on buildings or windows; and
6. Cashiers selling beer or wine between 10:00 p.m. and 2:00 a.m. must be at least age 21.
Section 23790.5 d B&P
7.
Conditional Licenses
criminal: None
Some ABC licenses have special restrictions (conditions) limiting the hours of alcohol sales, type
of entertainment, etc. Licensees must keep a copy of any conditions on the premises, abide by
ABC: Decided on a case-by-case basis
them and show them to any peace officer upon request. Secs. 23800-23805 B&P
ABC -608 (11/96)
2
8..
Disorderly Conduct
Criminal: For the person committing the illegal act, the
Licensees may not permit these acts in or about their licensed premises:
penalty is a maximum six months in county jail and/or a
(a) Lewd conduct in public
maximum $1,000 fine. (Sec. 19 PC)
(b) Prostitution
(c) Accosting others for the purpose of begging
ABC: Decided on a case-by-case basis
(d) Loitering in or about public toilets for a lewd or lascivious purpose
(e) Loitering without apparent reason and refusing to identify oneself upon the request of any peace
officer
(f) Being under the influence of alcohol and/or drugs in public and unable to exercise care for one's
own safety or the safety of others. 647 PC
9.
Disorderly House
Criminal: The penalty is a maximum $1,000 fine and/or
Licensees may not permit their licensed premises to become a disorderly house. A disorderly house
six months in county jail. (Sec. 25617 B&P)
is a licensed outlet (on- or off-sale) that (a) disturbs neighbors with noise, loud music, loitering,
littering, vandalism, urination or defecation, graffiti, etc., and/or (b) has many ongoing crimes
ABC Decided on a case-by-case basis
inside such as drunks, fights, assaults, prostitution, narcotics, etc. The licensed premises includes
the parking lot. Sec. 25601 B&P• 316 PC
0.
Drink Solicitation
Criminal: For the licensee, the penalty is a maximum
On-sale licensees may not:
$1,000 fine and/or six months in county jail.
(a) Employ hosts, hostfsses, or entertainers who solicit others to buy them drinks,alcoholic or
(Sec. 25617 B&P)
non-alcoholic I
For the drink solicitor, the penalty is a maximum $1,000
(b) Pay or agree to pay such an employee a percentage of the receipts from the sales of drinks
fine and/or six months in county jail unless specific
solicited
penalty. (Sec. 303(a) PC)
(c) Permit any person, whether an employee or not, to loiter for the purpose of soliciting an
alcoholic drink
ABC Decided on a case-by-case basis
Secs. 24200.5(b) and 25657 a B&P• Rule 143 CCR; Sec. 303(a) PC
1.
Drug Paraphernalia
Criminal: The penalty is a maximum six months in county
Licensees may not sell any product knowing, or under circumstances where one reasonably should
jail and/or a maximum $1,000 fine. (Sec. 19 PC)
know, that the customer intends to use the product for illegal drug purposes. This includes, but is
not limited to, scales and balances, diluents and adulterants, balloons, envelopes, containers,
ABC. • Decided on a case-by-case basis
pipes, screens, syringes, needles, scouring pads, blow torches, or cigarette papers.
Secs. 11014.5 11364.5 and 11364.7(a) H&S
ABC -608 (11/96) 3
2. Entertainers and Conduct
Criminal: Violation of Rule 143.3 CCR carries no
On-sale licensees who offer entertainment must abide by the following rules:
criminal penalty. For a violation of Sec. 311.6 PC, the
"(1) No licensee shall permit any person to perform acts of or acts which simulate:
penalty is a maximum six months in county jail and/or a
(a) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any
maximum $1,000 fine. (Sec. 19 PC)
sexual acts which are prohibited by law.
(b) The touching, caressing or fondling on the breast, buttocks, anus or genitals.
ABC: Decided on a case-by-case basis
(c) The displaying of the pubic hair, anus, vulva or genitals.
(2) Subject to the provisions of subdivision (1) hereof, entertainers whose breasts and/or buttocks
are exposed to view shall perform only upon a stage at least 18 inches above the immediate floor
level and removed at least six feet from the nearest patron.
No licensee shall permit any person to use artificial devices or inanimate objects to depict any of
the prohibited activities described above.
No licensee shall permit any person to remain in or upon the licensed premises who exposes to
public view any portion of his or her genitals or anus."
(Rule 143.3 CCR. Also violates Sec. 311.6 PC if conduct is 'obscene;" e.g., intercourse,
sodomy, masturbation etc.
3. False I.D. (Possession or Use of)
Criminal For the minor, the penalty is a minimum $250
Minors may not possess or use identification that.is altered, borrowed, stolen, counterfeit, or
fine and/or 24-32 hours of community service; a maximum
fraudulently obtained using false birth documents. (Sec. 25661 B&P)
$1,000 fine and/or six months in county jail.
(Secs. 25661 and 25617 B&P)
ABC: Not applicable
14. Food Requirements
Criminal: None
Type 41, 47, and 49 licensees must operate and maintain their licensed premises as a bona fide
eating place. They must make actual and substantial sales of meals, during the normal meal hours
ABC: Decided on a case-by-case basis
that they are open, at least five days a week. Normal meal hours are: Breakfast 6:00 a.m. -
9:00 a.m.; lunch 11:00 a.m. - 2:00 p.m.; and dinner 6:00 p.m. - 9:00 p.m. Premises that are
not open five days a week must serve meals on the days they are open.
The premises must be equipped and maintained in good faith. This means the premises must
possess working refrigeration and cooking devices, pots, pans, utensils, table service, condiment
dispensers, menus, posters, signs, and enough goods to make substantial meals. The premises
must comply with all regulations of the local health department.
Incidental, sporadic or infrequent sales of meals or a mere offering of meals without actual sales is
not compliance. "Meals" means the usual assortment of food commonly ordered at various hours
of the day. The service of only sandwiches or salads is not considered compliance. However,
certain specialty entrees, such as pizza, fish or ribs, and an assortment of other foods, such as
soups, salads or desserts, may be considered a meal.
The Department will presume that a licensee is operating as a bona fide eating place if the gross
sales of food prepared and sold to guests on the premises exceeds the gross sales of alcoholic
beverages. "Prepared" means any processing preliminary to the final serving of food. (Note:
Some licensees have a "conditional" license that requires food sales to be 50% or more of the total
gross sales.) (Secs. 23038 and 23787 B&P
ABC -608 (11/96) 4
15.
Harmful Matter
Criminal.: First offense of selling, giving, or showing
Licensees may not rent, sell, give, or show harmful.matter to persons under age 18. Harmful
harmful matter to a juvenile: the penalty is a maximum
matter includes, but is not limited to; a book, magazine, newspaper, or video tape that "... '
$2,000 fine and/or one year in county jail; second offense:
depicts or describes in a patently offensive way sexual conduct and ... lacks serious literary,
the penalty is State prison. Failing to create an "adults only"
artistic, political, or scientific value for minors." If licensees sell harmful matter, they must use
area: the penalty is a maximum $100 fine. (Sec. 313.4 PC)
reasonable care in ascertaining the true age of a minor.
ABC: Decided on a case-by-case basis
If licensees sell or rent videos of harmful matter, they must create an "adults only" area within
their licensed premises for the placement of the videos and label it, "Adults Only." Ideally, the
adults only area should be a separate room. If that is not possible, the adults only display should
be physically separated from the non-harmful matter display—the further the better. Licensees
should construct the adults only display so that it is clearly distinct from the non-harmful matter
display.
If licensees sell books or magazines of harmful matter, they should contact their local police or
sheriffs department about any local ordinances that may apply. Some cities and counties require
licensees to place 'blinder racks" in front of such material so that the lower two-thirds of the
material is not exposed to view.
Secs. 313 and 313.1 PC
6.
Law Enforcement Problem
Criminal: None
Licensees may not permit their licensed premises to be a problem for the local law enforcement
agency by needing an undue number of calls for service. The licensed premises includes the
ABC. • Decided on a case-by-case basis
parking lot Sec. 242 a B&P
7.
Minors (Attempt to Purchase by)
Criminal: For the minor, the penalty is a maximum $100
Minors may not even try to buy alcohol.' (Sec. 25658.5 B&P)
fine; second offense, the penalty is a maximum $250 fine -
and/or a maximum 36 hours of community service.
(Sec. 25658.5 B&P)
ABC. Not applicable
8.
Minors (Employment of)
Criminal: For the licensee, the penalty is a maximum
On-Sale Licensed Premises. Licensees may not employ minors on the portion of any
$1,000 fine and/or six months in county jail. No penalty
premises which is primarily designed and used for the sale and service of alcohol for consumption
for the minor employee. (Sec. 25617 B&P)
on the premises. (Secs. 25663(a) and 25667 B&P) Exception: Minor musicians (see #23)
Restaurants: In a bona fide public eating place, persons age 18 or older may serve alcohol in an
ABC., Decided on a case-by-case basis
area primarily designed and used for the sale and service of food for consumption on the premises
as an incidental part of their overall duties. Bartenders and cocktail waitresses must be 21.
Concession Stands: A person who is at least 18 but not yet 21 may serve alcohol, as an
incidental part of his or her duties, at a fixed concession stand that sells food products, soft drinks,
and alcohol.
Pi= Parlors: A person under age 21 may not serve alcohol while working behind a fixed counter
where only soft drinks, alcohol, and other beverages are dispensed and food items are served at
another counter within the premises.
Off-Sale Licensed Premises. Persons age 18 and older may sell alcohol unsupervised.
Persons age 17 and younger may sell alcohol if under the continuous supervision of a person age
21 or older. Sec.25663 b B&P
ABC -608 (11/96) 5
9.
Minors (Entering and Remaining In Bars/Taverns)
Criminal: For the minor, the penalty is a minimum $200
Licensees may not permit minors to enter and remain in any bar or tavem (license Types 42, 48,
fine; a maximum $1,000 and/or six months in county jail.
and 61), even during hours when the premises is closed. Both the licensee and the minor may be
For the licensee, the penalty is a maximum $1,000 fine
cited. Exception: Minors may enter and remain at any time for lawful business. For example,
and/or six months in county jail. (Secs. 25665 and 25617
delivery and repair persons. (Sec. 25665 B&P)
B&P)
ABC. • Decided on a case-by-case basis
0.
Minors (Possession of Alcohol by)
Criminal: For the minor, the penalty is a maximum
Minors may not possess alcohol in public. Exceptions: A minor may possess alcohol in public
$1,000 fine and/or six months in county jail.
if (a) the minor is making a delivery for his licensed employer, or (b) a parent, guardian, or adult
(Sec. 25617 B&P)
relative has given alcohol to a minor and asked the minor to deliver it to some other adult. A
licensee may not give alcohol to a minor on the telephoned or written order of a parent.
ABC: Not applicable
Sec.25662 a B&P
1.
Minors (Purchase or Consumption by)
Criminal: For the minor, the penalty is a minimum $250
Minors may not purchase alcohol. Minors may not consume alcohol in an on -sale licensed
fine and/or 24-32 hours of community service; a maximum
premises. (Sec. 25658(b) B&P)
$1,000 fine and/or six months in county jail.
(Secs. 25658(d) and 25617 B&P)
ABC. First offense: the penalty is a $750-$3,000 fine,
license suspension, or probation. Second offense within
three years: the penalty is a mandatory license suspension.
Third offense within three years: the license may be
revoked. Sec. 25658.1 B&P
2.
Minors (Sales to)
Criminal: For the seller or furnisher, the penalty is a
No person may sell, furnish ,or give alcohol to a minor. No person may cause or permit this to
minimum $250 fine and/or 24-32 hours of community
occur. This includes sales to minor "decoys" used by local law enforcement agencies. (Sec.
service; a maximum $1,000 fine and/or six months in
25658(a) B&P)
county jail. (Secs. 25658(d) and 25617 B&P)
ABC. First offense: the penalty is a $750-$3,000 fine,
license suspension, or probation. Second offense within
three years: the penalty is a mandatory license suspension.
Third offense within three years: the license may be
revoked
ABC -608 (11/96) 6
3.
Musicians (Minors)
Criminal: None
Musicians who are at least age 18 but not yet 21 can be employed in all types of on -sale
premises, only if the following conditions exist: (a) There is no topless or nude entertainment,
ABC: Decided on a case-by-case basis
either live or on film; (b) The area of employment is restricted for the exclusive use of musicians
and entertainers; (c) No alcohol is sold, served, or consumed in the restricted entertainment area;
(d) The restricted area is readily identifiable. It must be a room, a stage, or an area bounded by
partitions or other barriers at least 30 inches high; (e) While performing, the musician must
remain in the restricted area.
At a bar or tavern (license Type 42, 48, or 61) the minor musician must remain in the restricted
area at all times, except when: (a) Entering or leaving the premises, (b) Setting up equipment, (c)
Visiting resumms, (d) Resting or changing clothing in a room which is not used for sale, service,
or consumption of alcohol by the public, (e) Auditioning when the place is not open for business.
An entertainer is a musician if the bulk of his or her performance involves making music with an
instrument or his or her voice. Sec. 25663.5 B&P
4.
Narcotics and Dangerous Drugs
Criminal: Most drug offenses are felonies, punishable by
licensees may not knowingly permit illegal sales, negotiations, or use of narcotics or dangerous
imprisonment in State prison
drugs on the licensed premises. (Secs. 24200.5(a) and 24200(a) B&P; various H&S)
ABC: Decided on a case -by -cm basis
5.
Objectionable Conditions (Failure to Correct)
Criminal. The penalty is a maximum $1,000 fine and/or
Upon notice, licensees must take reasonable steps to correct objectionable, nuisance conditions on
six months in county jail. (Sec. 25617 B&P)
or about the licensed premises and on abutting public sidewalks up to 20 feet from the premises,
within a reasonable period of time. The conditions include disturbance of the peace, public
ABC: Decided on a case-by-case basis
drunkenness, drinking in public, harassment of passersby, gambling, prostitution, loitering,
public urination, lewd conduct, drug trafficking, or excessive loud noise. Exception: Restaurants
(license Types 41 and 47), hotels, motels, wineries, and beer manufacturers are not responsible for
correcting nuisance conditions on abutting public sidewalks. Sec. 24200 a B&P .
6.
Obviously Intoxicated Persons and Habitual Drunkards
Criminal: The penalty is a maximum $1,000 fine and/or
No person may sell or give alcohol to anyone who is obviously intoxicated. No person may
six months in county jail. (Sec. 25617 B&P)
cause or permit this to occur. 'A person is obviously intoxicated when the average person can
plainly see that the person is intoxicated. In other words, the person looks or acts drunk. This
ABC: First offense: decided on a case-by-case basis.
includes regular customers who "always act that way." It does not matter that the person is not
Second offense within three years: the penally is a
driving. For there to be a violation of law, the prosecutor must prove that the server either saw or
mandatory license suspension.
had the chance to see the signs of intoxication before the service. Some of the signs of
intoxication are: being overly friendly, using foul language, argumentative, belligerent, slurred
Civil. Lawsuit (for service to an underage, obviously
speech, slow, deliberate movements, swaying, drowsy, stumbling, red, watery eyes, or alcoholic
intoxicated person) (Sec. 25602:1 B&P). Civil penalties
breath.
are money judgments or settlements, usually against
No person may sell or give alcohol to anyone who is a habitual drunkard (a person who has lost
everyone (seller or server, licensee, licensee's insurer, etc.).
They are determined by the court or jury during a civil
control over his or her drinking). No person may cause or permit this to occur. A server may
lawsuit.
discover a habitual drunkard in one of two ways: (a) A family member tells you the person has a
drinking problem and asks you not to serve, or (b) the patron is a regular and unable to handle
drinking on a regular basis. A licensee or server who has been warned and still serves a habitual
drunkard faces possible ABC disciplinary action and criminal prosecution.
Secs. 25602(a) and 23001 B&P• 397 PC
ABC -608 (11/96) 7
7.
Off -Sale Beer and Wine License Privileges
Criminal: The penalty is a maximum $1,000 fine and/or
Type 20 licensees cannot sell more than 52 gallons of wine at one time or sell alcohol for resale.
six months in county jail. (Sec. 25617 B&P)
(Sec. 23393 B&P)
ABC Decided on a case-by-case basis
8.
Off -Sale General License Privileges
Criminal: For the person in possession of the alcohol, the
Type 21 licensees cannot (a) sell more than 52 gallons of wine at one time, or (b) sell alcohol for
penalty is a maximum $1,000 fine and/or six months in
resale. Exception: Licensees may sell alcohol for resale to the holder of a Daily On -Sale General
county jail. (Secs. 25351 and 25617 B&P)
license. (Sec. 23394 B&P)
ABC. Decided on a case-by-case basis
9.
Operating Standards
Criminal: For the licensee, the penalty is a maximum
The following requirements apply to stores (license Type 20 and 21), bars and taverns (license
$1,000 fine and/or six months in county jail.
Types 40, 42, 48, and 61). These requirements do not apply to restaurants (license Types 41 and
(Sec. 25617 B&P)
47), convention centers, exhibit halls, auditoriums, ballparks, stadiums, coliseums, hotels,
motels, a certain marine park, wineries, or beer manufacturers.
ABC, Decided on a case-by-case basis
1. Post "No Loitering" signs upon written notice from the ABC;
2. Post "No Open Container" signs upon written notice from the ABC;
3. No alcohol consumption on any premises licensed Type 20 or 21;
4. Illuminate the exterior of the premises, including adjacent public sidewalks and parking lots
under the licensee's control, during all hours of darkness when open for business;
5. Remove litter daily from the premises, adjacent sidewalks and parking lots under licensee's
control and sweeptclean these areas weekly;
6. Remove graffiti from premises and parking lot within 120 hours of application;
7. Have no more than 33% of windows covered with advertising or signs;
8. Have incoming calls blocked at pay phones upon request of local law enforcement or ABC; and
9. Have a copy of the operating standards available during normal business hours for viewing by
the general public. Section 25612.5(c) B&P
0.
Removal of Opened Wine Bottle
Not applicable. This is a permissive section of law.
Restaurants (license Type 41 and 47) may allow patrons to remove a partly -consumed bottle of
wine from the premises upon departure. (Customers should place any open bottles in the trunk
area of their vehicle to avoid violating the Vehicle Code.) (Sec. 23396.5 B&P
1.
Retail Delivery Orders
Criminal: None
Employees cannot deliver alcohol without a delivery order. It must state the quantity, brand,
proof, price, name and address of the customer, and name and address of the store, The licensee
ABC. • Decided on a case -by -base basis
must keep the order on file for two years after delivery. (Rule 17(e) CCR)
2.
Retail Store Qualifications
Criminal: None
Licensees may sell alcohol only in the original package for consumption off the premises.
Licensees must conveniently display all alcohol. Licensees must make any alcohol deliveries
ABC. Decided on a case-by-case basis
from the licensed premises. Licensees may only take telephone orders for alcohol when the store
is open to the general public. Rule 27 CCR
ABC -608 (11/96) 8
3.
Retail -to -Retail Sales
Criminal: The penalty is a maximum $1,000 fine and/or
Retail licensees may not purchase alcohol for resale from another retail licensee. Licensees must
six months in county jail. (Secs. 25351 and 25617 B&P)
purchase alcohol for resale from a non -retail licensee only. Warehouse -type discount stores are
licensed retailers, and they cannot sell alcohol for resale to other retailers. For example, a retail
ABC. Decided on a case-by-case basis
licensed store may not sell to the bar down the street who has run out of a certain brand of liquor.
It would be illegal for both the store and the bar to do so. The borrowing of alcohol between
retail licensees is an illegal, retail -to -retail sale. Exception: A licensee who has three or more
outlets licensed exactly the same may transfer products between that licensee's stores. Also, type
21 licensees may sell distilled spirits for resale to the holder of a Daily On -Sale General license.
Sec. 23402 B&P
4.
Right to Refuse Service to Minors
Not applicable. This is a permissive section of law.
Licensees have the legal right to refuse service to anyone who cannot produce adequate written
evidence of age. Sec. 25659 B&P
5.
Signs
Bars and taverns (License Types 42, 48, and 61) must post signs reading, "No Person Under 21
Allowed." Licensees must post one at or near each public entrance, visible from the exterior, and
]Criminal: None
one inside in a prominent place. The signs must be at least 7" x 11" and have lettering at least 1"
in height. (Rule 107 CCR)I
ABC. Decided on a case-by-case basis
No more than 33% of the square footage of the windows and clear doors of an off -sale premises
may have advertising or signs of any sort. (Sec. 25612.5(c)(7) B&P)2
20iminal. The penalty is a maximum $1,000 fine and/or
Stores (license Types 20 and 21) must post one or more customer warning signs in the store (see
six months in county jail. (Sec. 25617 B&P)
form ABC -299 for wording). (Sec. 25658.4 B&P)2
Upon written notice from the ABC, licensees must post "No Loitering" and "No Open Container"
ABC: Decided on a case-by-case basis
signs. Exception: This law does not apply to restaurants (license Types 41 and 47), convention
centers, exhibit halls, auditoriums, ballparks, stadiums, coliseums, hotels, motels, a certain
3Criminal: None
marine park, wineries, or beer manufacturers. (Sec. 25612.5(c)(1)(2) B&P)2
Signs may not be obnoxious, gaudy, blatant, or offensive, and must not obstruct the view of the
ABC: Decided on a case-by-case basis
interior of the premises from the street. (Sec. 25612 B&P)2
All on- and off -sale licensees must post warning signs reading, "Warning: Drinking spirits, beer,
Civil: A civil lawsuit may be brought against a licensee
by the Attorney General, a district attorney, or a private
coolers, wine, and other alcoholic beverages may increase cancer risk and, during pregnancy, can
citizen. Judgments are a maximum of $2,500 per day per
cause birth defects." (Sec. 12601(b)(1)(13)(1) and 12601(h)(4XE) CCR}
violation, with 25% of the sum going to the plaintiff.
6.
Substitution of Brands
Criminal: For the licensee or employee, the penalty is a
No person may substitute types or brands of alcohol without first informing the purchaser.
maximum $1,000 and/or six months in county jail.
(Sec. 25609 B&P)
(Sec. 25617 B&P)
ABC: Decided on a case-by-case basis
7.
Undisclosed Ownership; Changes in Ownership
Criminal: The penalty is a maximum $1,000 fine and/or
The ABC license must reflect the true ownership of the licensed business. There can be no hidden
six months in county jail. (Sec. 25617 B&P)
owners or silent partners. Licensees must report any and all ownership changes to the ABC.
Secs. 23300 and 23355 B&P• Rule 68.5 CCR
ABC: Decided on a case-by-case basis
ABC -608 (11/96) 9
8. Unlawful Possession on Licensed Premises
Licensees may not allow any alcohol on the premises other than what they are licensed to sell.
Exception: Type 41 licensees may possess brandy, rum, or liqueurs for cooking purposes.
(Section 25607(a)(b) B&P)
Criminal: For the licensee, employee or patron, the
penalty is a maximum $1,000 fine and/or six months in
county jail. (Sec. 25617 B&P)
ABC: Decided on a case-by-case basis
9. Visual Displays
Criminal: None
The following is not permitted at on -sale licensed premises:
"The showing of film, still pictures, electronic reproduction, or other visual reproductions
ABC: Decided on a case-by-case basis
depicting:
(1) Acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation,
flagellation or any sexual acts which are prohibited by law.
(2) Any person being touched, caressed or fondled on the breast, buttocks, anus or genitals.
(3) Scenes wherein a person displays the vulva or the anus or the genitals.
(4) Scenes wherein artificial devices or inanimate objects are employed to depict, or drawings are
employed to portray, any of the prohibited activities described above."(Rule 143A CCR
0, Weapons
Criminal: The penalty is imprisonment in the county jail
Licensees may not possess or sell certain firearms and/or weapons, including but not limited to,
notexceedingone year or in a state prison. (Sec. 12020(a)
undetectable firearms, nunchakus, short -barreled shotguns, short -barreled rifles, metal knuckles,
r
billy clubs, dirks; and daggers. (Sec. 12020 PC)
ABC: Decided on a case-by-case basis
ABC -608 (11/96)
10