What happens when a business is caught selling or serving alcohol to minors in California?
When it comes to alcohol sales in California, licensees are the ones who decide when to ID, to protect their alcohol licenses. But what if they forget to ID or simply choose not to ask for one?
A reader asked The Sacramento Bee’s service journalism team, which focuses on helping the community navigate daily life: How does a business get caught selling alcohol to minors?
The California Department of Alcoholic Beverage Control said citizens can help report a business for illegally selling or serving alcohol to minors. Here’s how the department investigates:
How can you report a business selling alcohol to minors in California?
Devin Blankenship, a spokesperson for ABC, said the public can file electronic complaints or contact their local ABC District Office about licensees possibly selling alcohol to minors.
“All complaints are reviewed and investigated by the ABC at the local District Office level, which evaluates the evidence before any action is taken,” Blankenship said in an email to The Bee.
Information regarding licensees selling or serving alcohol to minors can come from a citizen, police report, local legislative body or the ABC’s investigators.
“Citizens can assist law enforcement effort by documenting all violations,” Blankenship said.
What does the ABC do when they suspect a business is selling alcohol to minors?
When a citizen complaint has been received, Blankenship said an independent investigation by ABC is usually required.
ABC investigators, along with the help of local law enforcement, can conduct an investigation to find possible violators, Blankenship said.
These types of investigations can include any of the following strategies:
- Undercover operations
- Surveillance
- Premises inspection during the times when the business is open to the public
- Contacting nearby residents and business owners
Can law enforcement bust business with under cover minors?
Blankenship said the ABC runs a program called the Minor Decoy Program which allows local law enforcement to use people under 20 years old as decoys to purchase alcoholic beverages from licensed businesses.
If a business sells or serves alcohol to the decoy, a peace officer can then make a reasonable attempt to enter the licensed business and have the minor make a face-to-face identification of the alleged seller, according to ABC’s website.
“After completing the investigation, the investigator submits a completed assignment sheet and/or case report,” Blankenship wrote in an email.
Once the local ABC District Office has evaluated the case, Blankenship said the ABC can take these actions, depending on the evidence:
- No further action: When there is not enough evidence of a violation, the ABC drops the case.
- Warning letter: A warning letter is given when enough evidence proves that a violation did occur.
- Notice of public nuisance: This notice describes nuisance conditions for serving alcohol to minors at the premises and reminds the licensee to control this.
- Incident file: A police report, such as a call to law enforcement, which does not by itself qualify as an accusation, is placed in the licensee’s file.
- Accusation: If enough evidence exists that a violation occurred, an accusation will lead to a 36-month suspension or revocation of the license.
What penalties can a business face for selling alcohol to minors?
When a business is caught selling or serving alcohol to a minor, Blankenship said both the licensee and the person serving the alcohol can face penalties.
California Business & Professions Code 25658 states any person or business that sells or gives an alcoholic beverage to a minor can be guilty of a misdemeanor and receive a fine of $250.
For licensees, a first-time sale to a minor can result in a fine or license suspension, according to ABC’s website. If another sale is made within three years , the licensee can face an automatic license suspension or a license revocation.
