Business & Professions Code 25657(b) BPC
BPC 25657(b) – Allowing Loitering to Solicit Alcohol from Patrons
Allowing Loitering to Solicit Alcohol from Patrons – Table of Contents
- BPC 25657(b) Overview
- BPC 25657(b) Sentencing
- BPC 25657(b) Defending
- Loitering to Solicit Alcohol – Hire Us
It is unlawful for an owner of an establishment to allow another to loiter to solicit alcohol from customers in her establishment.
What businesses qualify for a violation of Business and Professions Code 25657(b) BPC?
Any establishments that provide alcohol for consumption through a license provided by the Department of Alcohol Beverage and Control (ABC). The licenses are classified into three types: (1) Manufactures who distill, or brew; (2) Distributors who are wholesale that pick up the yields from manufactures to deliver to stores; (3) Retailers who transact with customers for sale. At retail, ABC provides” on-premise “and ”off-premise“ liquor licenses. On-sale premise licenses allows customers to drink on the property. Off-sale premise license allows customers to drink off site but purchase on the premises.
License types 20 and 21 refer to off-sale premise licenses. Type 20 refer to packaging stores that allow the sale of beer and wine for consumption off the premises where the alcohol is sold minors are not allowed on the premises. Type 21 refers to packaging stores that allow the sale of beer, wine, and distilled spirits for consumption off the premises where alcohol is sold: Minors are not allowed on the premises.
License types 40, 41, 42, 47, 48, and 49 refer to on-sale premise licenses. Type 40 refer to bars and taverns that sale beer and food for consumption on or off the premises: Wine or Distilled spirits cannot be sold but Minors are allowed. Type 41 refer to restaurants deriving predominate sales from food, kitchens on-site, that sale beer, wine and food for consumption on or off the premises: Distilled spirits, except those used for cooking, cannot be sold, and Minors are not allowed. Type 42 refer to bars and taverns, not selling food, but that sale beer and wine for consumption on or off the premises: Distilled spirts cannot be sold and Minors are not allowed. Type 47 refer to restaurants deriving predominate sales from food, with on-site kitchens, that sale beer, wine and food for consumption off its premises: Minors are allowed. Type 48 refer to bars and night clubs that sale beer, wine, and distilled spirits for consumption on the premises: Beer and Wine can be sold off the premises; and Minors are not allowed. Type 49 is a Type 47 license for a durative period (seasonal).
What is the definition of loitering under Business and Professions Code 25657(b) BPC?
Loitering is a delayed lingering, prowling, wandering on the personal or commercial property of another without a purpose with the perceived observation from a reasonable person to commit a crime on the property for an unlawful purpose.
What is the mental state for a violation of Business and Professions Code 25657(b) BPC?
The mental state required for a violation of Business and Professions Code 25657(b) BPC is knowingly. Knowingly means awareness. In order to prove awareness, the State must prove, beyond a reasonable doubt, that the accused was consciously aware of the nature of his conduct and the surrounding facts and desired the outcome required to complete the act specified and was aware of the natural and probable consequences of his act. As applied to Business and Professions Code 25657(b) BPC, the State must prove beyond a reasonable doubt that the accused is an owner of a license administered by the Alcohol and Beverage Control; and an owner of the premises or business that uses that license to sale alcohol; and the accused was consciously aware that a person was on the premises holding the license loitering to seek others to purchase alcohol for him from the establishment holding the license; and was reasonably aware of the consequences that would result.
Any violation of Business and Professions Code 25657(b) BPC is a misdemeanor. Penalties include confinement up to six months in jail and fines not exceeding $1000 dollars.
What are examples of the violation of California Business and Professions Code 25657(b) BCP?
Dave spent 5 hours next to the entrance at a local bar. Cab the owner of the bar was present. Dave began walking from along the wait lines asking other customers to buy him a beer. After each request, the customers refused. One of the customers got into a very loud argument with Dave that was disturbing the bar’s ambiance inside. But Cab did nothing. One of the customers inside grew annoyed with Dave’s presence and called the police. The police arrived, confirmed the story with several witnesses. Cab and Dave were arrested.
- The accused was an invited guest by the owner and or customers.
- The people patronized were not customers of the establishment.
- The drink purchased was not an alcoholic drink.
- The establishment was a BYOB establishment.
If you are charged with Soliciting the Sale of Alcohol under Business & Professions Code 25657(b) BPC, call The Esfandi Law Group. Contact Los Angeles criminal defense attorney Seppi Esfandi, principal attorney of The Esfandi Law Group, APLC.
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