California Alcohol Laws

In California, individuals serving alcohol must be aware of the updated laws, undergo proper training, and obtain certification in Responsible Beverage Service (RBS). These measures ensure compliance with the regulations and improve safety and minimize risks associated with alcohol consumption. This section will focus on the key aspects of the new RBS laws, training requirements, the importance of certification, and an ABC-approved California Responsible Beverage Service Training program and exam.  

California Minimum Age Requirements for Alcohol Servers

According to California law, servers exclusively serving cocktails must be 21 or older. However, other servers can be 18 years of age or older. Employees working in food service must be at least 18 years old to serve alcoholic beverages. Violating this requirement is considered a misdemeanor offense.

Any employee who is planning to or will be serving alcohol must hold a valid alcohol server certification (BPC § 25682).

California law allows those under 21 to consume alcohol in a private location. Only if a parent, guardian, or relative is present and above the age of 21.

It is illegal for a minor to have a BAC of .01% and operate a vehicle.

Employment of Servers Under 21 (Statute 25663)

California Alcohol Server Certification

One crucial requirement for individuals planning to serve alcohol is the possession of a valid alcohol server certification, as mandated by California Business and Professions Code (BPC) Section 25682. This certification provides servers with essential knowledge and skills to handle alcohol responsibly, including understanding the legal obligations, recognizing signs of intoxication, and implementing appropriate measures to prevent overconsumption and related risks.

California Underage Consumption and Driving Restrictions

California law allows individuals under 21 to consume alcohol in private locations if a parent, guardian, or relative over the age of 21 is present. It is important to note that driving under the influence (DUI) laws apply to individuals of all ages. For minors, any amount of alcohol in their system with a blood alcohol concentration (BAC) of 0.01% or higher while operating a vehicle is illegal. The legal limit for non-commercial drivers is 0.08% BAC, and for commercial drivers, it is 0.04% BAC.

Sales and Service Restrictions

Selling or purchasing alcohol between 2 a.m. and 6 a.m. is prohibited in California. Knowingly consuming alcohol during these hours is also unlawful. Violations of these regulations are considered misdemeanors, which can result in penalties such as fines of up to $1,000 and/or six months of imprisonment. Bars must cease alcohol sales at 2 a.m., and patrons must vacate the premises by 3 a.m. unless city ordinances state otherwise.

Servers and establishments must also exercise caution and responsibility when serving alcohol. Selling, furnishing, or giving alcoholic beverages to obviously intoxicated individuals is a misdemeanor offense, punishable by up to $1,000 in fines and/or six months in county jail. Preventing overconsumption and monitoring patrons’ intoxication levels are crucial aspects of responsible beverage service.

Alcohol-Related Offenses and Consequences

Driving under the influence of alcohol or drugs, or a combination of both, is strictly prohibited in California. DUI offenses are considered misdemeanors and can lead to severe consequences. A first DUI conviction can result in 96 hours to 6 months in jail, fines ranging from $390 to $1,000 (plus penalty assessments), a 6-month license suspension, and potentially installing an ignition interlock device (IID) in the offender’s vehicle.

Subsequent DUI convictions entail even harsher penalties. Jail time can range from 3 months to one year, and the fine remains similar to the first conviction. The state imposes a one-year driving license suspension, and the installation of an IID may be required once the offender is eligible to drive again. Proof of insurance is also mandatory in these cases.

Additional Considerations

In California, it is illegal to consume alcohol while inside a vehicle. Open containers must be stored in the trunk and out of sight, except when passengers are in a bus, taxi, camper, or motorhome. For individuals under 21, it is strictly prohibited to have any alcohol present in the vehicle unless accompanied by a parent or someone over 21 years of age. A BAC of 0.01% or higher for underage drivers results in a suspended license for one year, along with mandatory completion of a DUI education program.

When operating a boat, driving under the influence of alcohol or drugs is illegal. A BAC of 0.08% or higher is considered proof of intoxication. However, the state of California may establish intoxication with a BAC between 0.05% and 0.08%, supported by other evidence. Boating under the influence (BUI) carries penalties such as fines, license suspension, jail time (up to one year if someone is injured), and boating safety course completion. In severe cases involving the death of another person, the penalties can escalate to 10 years in jail.

California Alcohol Boating Laws

Driving under the influence of alcohol or drugs while operating a boat is illegal. A BAC of .08% or higher proves intoxication. However, the state may use a BAC between .05% and .08%, with other evidence, to prove intoxication. California does not have an “open container” law while boating. 

Penalties for a DUI while operating a boat are:

• If someone is injured, the fine can escalate to $5,000 and up to a year in jail
• This can lead to the suspension of the license
• This could lead to one year of jail or a fine of up to $1,000
• A boating safety course will need to be completed
• Causing death to another person could lead to 10 years in jail

Knowing these laws can help prevent liability to yourself and others. Our California Responsible Beverage course will give you all of the information you need to deal with possible alcohol intoxication and learn to look for signs.

A comprehensive understanding of California’s Responsible Beverage Service laws, undergoing proper training, and obtaining certification are vital for all individuals serving alcohol. Adhering to these regulations and employing responsible practices can create a safer environment, minimize risks, and ensure compliance with the law. Enroll in our California Responsible Beverage course today to learn how to handle alcohol responsibly, identify signs of intoxication, and mitigate potential liabilities for yourself and others.