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Archive for the ‘California Alcohol News’ Category

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These are California ABC’s most frequently asked questions about:
ENFORCEMENT AND VIOIATIONS

A. In a bona fide public eating place, minors between 18 and 21 years of age may serve alcoholic beverages in an 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. These minors cannot act as bartenders. (Section 25667)
No minor can be employed during business hours on the portion of any premises which is primarily designed and used for the sale and service of alcoholic beverages for consumption on the premises. There are exceptions, under limited circumstances, with respect to musicians. (Sections 25663 and 25663.5)

A. Not if the premises are licensed as an on-sale general public premises, on-sale beer and wine public premises or on-sale beer public premises. There are no restrictions regarding minors entering or remaining on premises licensed for off-sale of alcoholic beverages or premises licensed and maintained and operated as a bona fide public eating place. (Section 25665)

Q. 80. May an off-sale licensee hire minors or use the services of a person under 18 years of age for the sale of alcoholic beverages?

A. Yes, if the person under 18 years of age is under the continuous supervision of a person 21 years of age or older. (Section 25663[b])

Q. 81. May a habitual drunkard or an obviously intoxicated person be sold alcoholic beverages?

A. No. Every person who sells, furnishes, gives or causes to be sold, furnished or given away, any alcoholic beverages to any habitual drunkard, or to any obviously intoxicated person is guilty of a misdemeanor. (Section 25602)

A. A customer is obviously intoxicated when an average person can plainly observe that the patron is intoxicated. The usual signs are staggering, alcoholic breath, dilated pupils of the eyes, slurred speech, poor muscular coordination, etc. (Section 25602)

A. No. The Legislature has repealed the law which prohibited sales on election days.

A. From 6 a.m. to 2 a.m. of the following day. In other words, it is unlawful to sell alcoholic beverages either by the drink or by the package, between the hours of 2 a.m. and 6 a.m. of the same day.
It is also unlawful for any person to knowingly purchase any alcoholic beverages between the hours of 2:00 a.m. and 6:00 a.m. (Section 25631)
ABC may further restrict the operating hours of licensed premises. Such restrictions may be imposed in the following situations:

1. If grounds exist for the denial of an application for a license or where a protest against the issuance of a license is filed and if ABC finds that those grounds may be removed by imposition of those conditions;
2. Where findings are made by ABC which would justify a suspension or revocation of a license, and where the imposition of a condition is reasonably related to those findings. In the case of a suspension, the conditions may be in lieu of or in addition to the suspension;
3. Where ABC issues an order suspending or revoking only a portion of the privileges to be exercised under the license;
4. Where findings are made by ABC that the licensee has failed to correct objectionable conditions within a reasonable time after receipt of notice to make corrections given pursuant to subdivision (e) of Section 24200.

A. On the day that a time change occurs from Pactfic Standard time to Pactfic Daylight time or back again to Pactfic Standard time, “2 o’clock a.m.” means two hours after 12 o’clock a.m. of the day preceding the day such change occurs. (Section 25631)

A. No. It is a misdemeanor for any retail licensee or employee of the licensee to permit any person, including himself, to consume alcoholic beverages on the licensed premises between 2 a.m. and 6 a.m. of the same day. (Section 25632)

A. No. The law provides that only a licensed wholesaler, beer manufacturer, winegrower, rectifier or brandy manufacturer may sell alcoholic beverages to retailers, with the exception that an off-sale general licensee may sell distilled spirits to a holder of a daily on-sale general license. (Sections 23402 and 24045.1)

A. No. Beer containers must be labeled and the labels must show the name and address of the manufacturer of the beer and also the bottler of the beer, if other than the manufacturer. Reasonable allowance will be made if the labels slough off in the water cooler, but care should be taken to avoid this. (Section 25200 and Rule 130)

A. State law requires that the licensee or employee of the licensee must first inform the purchaser of a substitution of a different type or brand of beverage than that ordered by the patron. The patron then, of course, has the choice of refusing to accept the substitute. If the purchaser is not informed, the licensee or employee is guilty of a misdemeanor. (Section 25609)

A. Generally, licensees may not have or allow customers to have any alcoholic beverage on the premises that are stronger than those named on the license. An exception is made for a bona fide public eating place with an on-sale beer and wine license to have brandy, rum or liqueurs solely for cooking purposes. (Section 25607)

A. Yes. This may be done at the time of service to patrons for consumption on the premises.

A. Yes, but only from on-sale licensed premises maintaining a bona fide eating place. (Section 23396.5)

A. Any person who refills a bottle with distilled spirits is guilty of a misdemeanor. It is also unlawful to offer to keep for sale any distilled spirits in a bottle which has been refilled or partly refilled. (Sections 25176 and 25177)
The law which required that empty bottles be broken has been repealed.

A. No. (Section 25178)

A. No, but it should be remembered that the use of open pouring spouts, particularly on slow moving items, can cause either or both of the following violations:

• o Contamination of the beverage by insects. (Insects are particularly attracted to sweet alcoholic beverages.)
• o Loss of proof by evaporation (approximately 4 to 5 proof per year).

A. Every retailer selling keg beer to consumers must place an identification tag on all kegs of beer at the time of sale, and the purchaser must sign a receipt. Keg identification allows kegs to be traced.
Possession of a keg with knowledge that the keg is not identified OR providing false information by the purchaser on the Beer Keg Registration Receipt is a misdemeanor. (Section 25659.5)

A. Yes. Outlets that sell both alcoholic beverages and gasoline must abide by these conditions:

1. No beer or wine shall be displayed within five feet of the cash register or the front door unless it is in a permanently affixed cooler as of January 1, 1988.
2. No advertisement of alcoholic beverages shall be displayed at motor fuel islands.
3. No display or sale of beer or wine shall be made from a drive-in window.
4. No display or sale of beer or wine shall be made from an ice tub.
5. No beer or wine advertising shall be located on motor fuel islands and no self-illuminated advertising for beer or wine shall be located on buildings or windows.
6. Employees on duty between the hours of 10 p.m. and 2 a.m. who sell beer or wine shall be at least 21 years of age. (Note: Non-selling employees are unregulated.) (Section 23790.5[d])

Source: Culture Mob
by Kymberlee Fajardo
05/12/11

After being avid researchers of the legendary 13 crystal skulls, Dan Akroyd along with his business partner John Alexander were uniquely inspired to create Crystal Head Vodka. But they encountered a financial setback when they fell victim to a massive liquor heist recently when 21,000 bottles were stolen from a storage facility in California, causing the company to lose hundreds of thousands of dollars.

The vodka’s popularity is evident not only for having the famous actor/entrepreneur as a founder, but also having to do with its prestigious Double Gold Award recently bestowed upon the vodka at the 2011 San Francisco World Spirits Competition, beating out 200 other brands.

But the Ghostbuster’s star had a positive outlook when releasing a statement to TMZ saying “”My partners and I are sorry to lose this much vodka to theft and do not condone criminal activity in any fashion, but we are happy that some consumers will be afforded the opportunity of tasting it at significantly lower than retail price.”

Mr. Akroyd then adds, “CHV can be purchased legally at bars, restaurants, and retail stores throughout North America.” His rep also notified TMZ that the heist is currently under investigation by the LAPD and the Bureau of Alcohol, Tobacco, and Firearms.

November 03, 2010, 03:02 AM

Source: Daily Journal Staff Report (San Mateo, CA)

Clerks at seven businesses were cited for selling alcohol to minors after a decoy operation was conducted by San Mateo police Oct. 28.

The operation used underage cadets acting undercover to attempt to purchase alcoholic beverages from local retailers. The officers and teenage decoys visited 18 establishments that are licensed by the California Department of Alcoholic Beverage Control to sell alcoholic beverages. Seven clerks from different establishments sold alcoholic beverages to the minor decoys.

The following establishments sold alcoholic beverages to minor decoys: Safeway, 860 N. Delaware St.; CVS, 862 N. Delaware St.; 25th Avenue Liquors, 101 W. 25th Ave.; Liquor City, 1230 W. Hillsdale Blvd.; Bob’s Liquor, 522 Peninsula Ave.; Taqueria El Nayarita, 660 E. Third Ave.; and Fiesta Latina Market, 1424 Cary Ave.

In each incident, the clerks selling the alcohol were cited, and the incident involving each establishment was documented for administrative review by ABC, according to police. The cited clerks will face misdemeanor criminal charges and the business owners will face possible administrative charges and fines administered by the ABC.

Know bartender, seller, and server laws for alcohol by staying current at servingalcohol.com

Source: Record Searchlight

By: Scott Mobley

Date: September 29, 2010

Gov. Arnold Schwarzenegger has signed legislation championed by a Redding family whose daughter died from alcohol poisoning.

Assembly Bill 1999 would grant limited immunity from prosecution to underage drinkers seeking medical help for themselves or their peers.

Anthony Portantino (D-La Cañada/Flintridge) introduced the bill in February, noting several underage drinkers have recently died of alcohol poisoning. They might have survived had their friends not been afraid to call an ambulance, he said.

Debbie Allen, whose 17-year-old daughter Shelby Lyn Allen died of alcohol poisoning just before Christmas 2008, has supported and publicized the bill.

“Not everyone will need this,” Allen said. “But some underage drinkers are afraid to get help because they don’t want to get into trouble, and this takes the trouble out of the picture. Whatever it takes to save a life.”

An underage drinker who calls 911 to report possible alcohol poisoning and cooperates with paramedics and law enforcement once they arrive will be immune from prosecution, under the law. Underage drinking is otherwise a misdemeanor.

AB 1999 is a companion to another bill Schwarzenegger signed in August that eliminates immunity for adults who knowingly supply alcohol to minors.

Allen and her husband, Steve, had also sought the “social host” law, written by Los Angeles Democrat Mike Feuer.

Shelby Allen, a popular Foothill High School junior, was found dead on a bathroom floor at the home of Wallace and Debby Liberman east of Redding.

Shelby Allen died after a bout of intense drinking with the Libermans’ now 18-year-old daughter and another teen. The rest of the Liberman family slept upstairs while the teens drank, sheriff’s deputies said.

Shasta County prosecutors had charged the Liberman teen with involuntary manslaughter in Allen’s death, but a juvenile court judge dismissed the case in November.

The Record Searchlight has not identified the teen because she was a minor when her friend died.

Shelby Allen became ill after drinking 15 shots of vodka in about an hour, according to a court document.

Allen’s two friends took her into the bathroom where she vomited into the toilet. Allen eventually passed out on her knees with her head resting on the toilet seat.

The girls put a towel under her so she could lie on it, the document said.

The Liberman teen stayed with Allen until she believed her friend was fine and checked on her two times before morning. Allen had not moved, according to the court document.

The third girl, who had also become ill, checked Allen later in the morning and thought she wasn’t breathing, according to the court document.

An older sister of the Liberman teen alerted her father, who called 911 and began CPR.

Learn how to how to prevent underage drinking in an alcohol establishment.