Frequently Asked Questions

Yes, ABC employs Agents who are fully sworn peace officers that enforce the provisions of the ABC Act.

Police officers, sheriff's deputies, and ABC Agents are all sworn law enforcement officers (peace officers) with powers of arrest. Whether in plain clothes or uniform, peace officers have the legal right to visit and inspect any licensed premises at any time during business hours without a search warrant. This includes inspecting the bar and back bar, store room, office, closed or locked cabinets, safes, kitchen, or any other area within the licensed premises. It is legal and reasonable for licensees to exclude the public from some areas of the premises. However, licensees cannot and must not deny entry to, resist, delay, obstruct, or assault a peace officer.
(Sections 25616, 25753 and 25755; Sections 148 and 242 Penal Code)

Yes, when they are working in a high-profile capacity. However, ABC Agents typically work in plain clothes.

No. Any licensee who refuses to permit ABC Agents to inspect or examine their books and records for which provision is made in the Act is guilty of a misdemeanor. In addition, it is a misdemeanor for a licensee to falsify or to fail to keep books and records required to be kept under the provisions of the Act or the regulations of the Department.
(Sections 25617, 25751, 25753 and 25755)

Yes. It is the duty of every peace officer and every district attorney in this State to enforce the provisions of the Act. (Section 25619)

Yes. The California Supreme Court has held that the Decoy Program is legal and not entrapment. The Decoy Program allows local law enforcement agencies to use persons under age 20 as decoys to buy alcoholic beverages from licensed premises. The decision to use the Decoy Program is up to each law enforcement agency.

Law enforcement agencies that choose to use the Decoy Program must follow these rules per Rule 141, California Code of Regulations and Section 25658:

• The decoy must be under 20 years old;
• The decoy must appear under 21 years old;
• The decoy must carry his or her own I.D. showing the decoy's correct date of birth or carry no I.D. A decoy who carries I.D. shall present it upon request to any seller of alcoholic beverages;
• The decoy must answer truthfully any questions about his or her age; and
• After the sale, the decoy must identify the seller, face to face.
• After completion of a decoy program the law enforcement agency must notify licensees of the results, whether or not the licensees violated the law.

A minimum $1,000 fine and 24 hours of community service. If a person buys alcohol and furnishes it to a minor who consumes it and causes great bodily injury or death to himself or others, the furnisher faces a minimum 6-12 months in county jail and a $1,000 fine. (Sections 25658(a), 25658(c) and 25658(e)(2)(3))

A licensee is authorized to demand documentary evidence of the age and identity of any person prior to the sale whenever there is the slightest doubt of the age of the prospective patron. Proof that a licensee was shown bona fide identification of the age and identity of the person, and in good faith relied on the evidence, establishes a defense. (Section 25660)

A 1999 amendment to Section 25659 says a licensee or an employee may seize an ID that shows the person is under 21, or that is false. A receipt must be given, and the ID turned over to the local law enforcement agency within 24 hours.

A licensee or employee has the right to refuse service to any person whose majority is questionable. (Section 25659)

A public premises licensee must post a sign visible from each public entrance and a similar sign inside reading "No Person Under 21 Allowed." (Rule 107)

Training for licensees and their employees on how to prevent sales to minors and other violations is available through ABC's LEAD Program, or a private training provider. Contact the local ABC District Office for more information.

To be suitable as evidence for a defense, the identification card must be issued by a governmental agency and have a current description and a picture of the person presenting it which reasonably describes the person as to date of birth weight, height, sex and color of eyes and hair. No defense will exist if the card has obviously been altered or has expired. A registration certificate issued under the Federal Selective Service Act is no longer considered documentary evidence of age, identity and date of birth. (Section 25660)

Yes. Any one of the above constitutes a misdemeanor. (Sections 25658 and 25662)

Any person under the age of 21 years who attempts to purchase any alcoholic beverage from a licensee, or the licensee's agent or employee, is guilty of an infraction and shall be punished by a fine of not more than one hundred dollars ($100). (Section 25658.5)

Retail Operating Standards apply to stores (License Types 20 & 21), bars, and taverns (License Type 40, 42, 48 and 61). They do not apply to bona fide eating places (License Types 41, 47 or 75), convention centers, exhibit halls, auditoriums, ball parks, stadiums, coliseums, hotels, motels, certain marine parks, wineries or beer manufacturers.

You can find detailed information about Retail Operating Standards on our website under Merchant Education. You can also read the law at California Legislative Information.

Yes. For detailed information, refer to our Merchant Education section under Harmful Matter. 

You may also read the pertinent law (Penal Code Section 313.1)  at California Legislative Information.

Yes. Rule 139 provides the requirements for interior illumination.

Information can be found under Intoxicated Persons and Disorderly Premises on our Merchant Education page.

You may also read the relevant laws at the California Legislative Information website. Section 25601 describes a disorderly house and Section 24200 outlines the grounds that constitute a basis for the suspension or revocation of licenses.

You can find detailed information under Objectionable Conditions on our Merchant Education page.

You may also read Business and Professions Code Section 24200 at California Legislative Information to learn about the grounds that constitute a basis for the suspension or revocation of licenses.

Yes. A violation of any penal provisions of law of California prohibiting or regulating the sale, exposing for sale, use, possession, giving away, adulteration, dilution, misbranding or mislabeling of alcoholic beverages is ground for suspension or revocation of licenses. (Section 24200)

The age of majority for these purposes is 21 years of age. (Section 22 of Article XX, California Constitution)

Yes, the licensee is required to exercise the caution which would be shown by a reasonable and prudent person in the circumstances. (Section 25658)

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)

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)

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)

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])

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

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

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:

• 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;
• 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;
• Where ABC issues an order suspending or revoking only a portion of the privileges to be exercised under the license;
• 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.

On the day that a time change occurs from Pacific Standard time to Pacific Daylight time or back again to Pacific 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)

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)

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)

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)

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)

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)

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

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

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.

No. (Section 25178)

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:

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

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

• 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.
• No advertisement of alcoholic beverages shall be displayed at motor fuel islands.
• No display or sale of beer or wine shall be made from a drive-in window.
• No display or sale of beer or wine shall be made from an ice tub.
• 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.
• 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])

No. Refer to Section 25621.5 of the Business and Professions Code.

No. Refer to Section 25621.5 of the Business and Professions Code.