Selling or Furnishing Alcohol to a Minor (BP 25658(A)) in Aliso Viejo
In the city of Aliso Viejo, as in the state of California, it is illegal for a person or business to sell or furnish alcohol to a person under the age of 21. Doing so is in violation of California Business and Professions Code Section 25658(a). Strict penalties for the sale of alcohol to a minor is meant to discourage illegal sales to minors and encourage businesses to take extra caution when selling alcohol to individuals who appear to be under or close to the age required to purchase and/or consume alcohol.Circumstances Where an Accused Could Be Declared Innocent of This Charge
If the accused or the accused’s employer or agent asked the minor for a government issued I.D. as evidence of the minors age and identity and
If the minor furnished the I.D showing that they are above 21 years of age and
If the accused person relied on the presented document and reasonably believed that the person was at least 21 years of age before selling or furnishing them with alcohol then the accused could be declared innocent of the charge.
In order for the prosecution to prove their case against a person accused of selling or furnishing alcohol to a minor, they need to prove:
That the defendant actually furnished, sold, or gave away an alcoholic drink to a specific person or caused the same to happen and
That the accused sold or furnished the liquor knowing that the person was under 21 years old at the time.
The penalties for a misdemeanor charge include fines of up to $1,000 and at least 24 hours of community service.
If the minor receives an injury or causes an injury to someone else due to the alcohol, then the penalty will be harsher with between 6-months to 1-year in jail, for the crime.
The business establishment where the alcohol was sold from could also have their liquor license revoked or suspended, effectively causing the business to fail.