Child Alcohol Consumption: California's Legal Stance

California has a handful of laws regarding what's legal when it comes to drinking and buying alcohol. While there are no laws against drinking under the age of 21 per se, it is illegal for persons under 21 to possess alcohol. Under federal law, drinking under the age of 21 is prohibited, and California state law makes it illegal to provide alcohol to anyone under the age of 21, even if they are your children.

Selling, giving or providing alcohol to a minor is a misdemeanour

In California, it is illegal for persons under 21 to drink alcohol. While there are no laws against drinking under 21, per se, it is illegal for minors to possess alcohol.

Section 25658 of the California Business and Professions Code makes it illegal to provide minors with alcohol. This section applies to all persons, including parents. It states that "Any person who sells or gives an alcoholic beverage to a person under the age of 21 is guilty of a misdemeanour". There is no parental exception to this law, according to the California Department of Alcoholic Beverage.

Selling, giving, or providing alcohol to a minor is a misdemeanour, and those found guilty will face penalties. These penalties vary depending on the circumstances of the case. Typically, they include fines ranging from $250 to $1,000 and 24 to 32 hours of community service. If the minor consumes the alcohol and causes great bodily injury or death, the penalty for the crime increases. In such cases, the defendant faces a $1,000 fine and/or six months to one year in jail.

Prosecutors could also charge defendants with violating Penal Code 272 PC California's "contributing to the delinquency of a minor" law. This offence carries a maximum sentence of one year in county jail and a $2,500 fine.

It is important to note that California law does not require bars and businesses to check everyone for proof of age when selling alcohol. However, businesses selling alcohol should ask for ID from anyone who appears youthful. The decision to ID someone is ultimately left to the licensee, who must protect their alcohol license.

Parents can be charged with contributing to the delinquency of a minor

In California, it is illegal for persons under 21 to drink alcohol. According to Section 25658 of the California Business and Professions Code, it is illegal to provide minors with alcohol. This law applies to everyone, including parents. There is no parental exception to this law, as confirmed by the California Department of Alcoholic Beverage.

Selling, giving, or providing alcohol to a minor is a misdemeanor, according to the California Department of Alcoholic Beverage Control. For those caught giving a minor alcohol, it is punishable as a misdemeanor. If the minor is the child of the person who provided the alcohol, the penalties can be even more severe. In addition to the misdemeanor charge, prosecutors could also charge the parent with violating Penal Code 272 PC California's "contributing to the delinquency of a minor" law. This law applies when parents or legal guardians knowingly allow their child and/or another child under 18 years old to consume an alcoholic beverage or controlled substance in their home. If convicted of this offense, defendants face a maximum of one year in county jail and a maximum fine of $2,500.

The penalties for furnishing alcohol to a minor vary depending on the exact circumstances of the case. Typically, penalties include fines ranging from $250 to $1,000 and 24 to 32 hours of community service. However, if the minor consumes the alcohol and then causes great bodily injury or death to themselves or someone else, the penalty for the crime increases. In this case, the defendant faces a $1,000 fine and/or six months to one year in jail.

It is important to note that California laws do not permit someone under the age of 21 to work in a place of business where the main purpose is to serve alcohol, such as bars or nightclubs. Restaurants, however, do allow under-21-year-olds to serve alcohol to customers.

Minors drinking alcohol can be punished with a fine and/or community service

In California, it is illegal for persons under 21 to drink alcohol. The state absolves underage persons from criminal punishment if they are discovered drinking alcohol through reporting a medical emergency for another underage drinker.

According to Section 25658 of the California Business and Professions Code, it is illegal to provide minors with alcohol. This law applies to everyone, including parents. Selling, giving, or providing alcohol to a minor is a misdemeanor, punishable by a mandatory $250 fine and/or 24-32 hours of community service. If the minor is under the age of 18, the adult could be guilty of contributing to the delinquency of the minor, which carries a maximum sentence of one year in county jail and a $2,500 fine.

Businesses selling alcohol should ask for ID from anyone who appears youthful. While there is no specific California law mandating this, licensees are the ones who decide when to ID to protect their alcohol license. If they sell alcohol to a minor, they will be guilty of a misdemeanor and receive a fine of $250.

It is important to note that California law also prohibits drinking alcohol in public spaces or outside of a licensed venue.

Businesses are not legally required to check IDs when selling alcohol

In California, it is illegal for persons under 21 to drink alcohol. However, there is no specific California law that mandates the checking of identification when purchasing alcohol. While businesses selling alcohol should ask for ID from anyone who appears youthful, it is ultimately up to them to decide when to ID someone, as they are the ones who officially protect their alcohol license. Licensees may also be absolved of criminal liability if they reasonably relied on a government-issued ID.

Since there is no law requiring ID checks for alcohol sales, businesses can create their own ID policies. However, anyone who sells alcoholic beverages to minors will be guilty of a misdemeanour and will receive a fine of $250 to $1000 and 24 to 32 hours of community service. If the minor consumes the alcohol and then injures themselves or someone else, the defendant faces a $1000 fine and/or six months to one year in jail.

In California, it is also illegal to provide alcohol to a person under the age of 21, even if they are your own child. This applies even when at home, and there is no parental exception to this law. If a minor is caught drinking alcohol, they face a mandatory $250 fine and/or 24-32 hours of community service.

Minors can possess alcohol in certain situations, such as under the direction of a guardian

In California, it is illegal for persons under 21 to drink alcohol. However, there are certain situations in which minors can possess alcohol. One such situation is when they are under the direction of a guardian. This means that while it is illegal for parents to provide their minor children with alcohol, minors can possess alcohol if it is given to them by their guardians.

It is important to note that the law in California does not allow minors to possess alcohol in any other circumstances. The state law makes it illegal to provide alcohol to a person under the age of 21, even if they are your children. This includes allowing your minor child to taste alcohol, even in your own home. The California Department of Alcoholic Beverage Control states that furnishing alcohol to a minor is a misdemeanor, and this applies to all persons, including parents. The penalty for providing alcohol to a minor is a $250 fine and/or 24-32 hours of community service.

The penalty increases if the minor consumes the alcohol and then causes great bodily injury or death to themselves or someone else. In this case, the defendant faces a $1,000 fine and/or six months to one year in jail. In addition, prosecutors could charge defendants with violating Penal Code 272 PC California's "contributing to the delinquency of a minor" law, which carries a maximum sentence of one year in jail and a $2,500 fine.

While there is no specific California law that mandates the checking of identification when purchasing alcohol, businesses are advised to ask for ID from anyone who appears youthful. Ultimately, the decision to ID someone is up to the business, as there is no legal requirement to do so. However, anyone who sells alcoholic beverages to minors will be guilty of a misdemeanor and will face legal consequences.

Frequently asked questions