Under-Aged Drinking

March 17, 2010

The State of California has a number of laws that pertain to under-aged drinking of alcoholic beverages. In today's post we'll outline the provisions of the Business and Professions Code that make it a crime for people under the age of 21 to purchase and consume alcohol. In our next post, we'll describe the sections of the Vehicle Code that impose driving related punishments not only for drinking and driving, but also for having alcohol in a vehicle, or for purchasing or consuming alcohol.

Possession and Purchase of Alcohol by Minors

The California Business and Professions Code lays out the penalties for the possession and purchase of alcohol by minors.

  • Section 25662 makes it a misdemeanor for a person under 21 to have alcohol in a public area, except when transporting alcohol in the course of employment or under the direction of a parent or guardian.
  • Section 25658 makes it a misdemeanor for a person under 21 to purchase or consume alcohol in a restaurant or bar.
  • Section 25661 makes it a misdemeanor for anyone under 21 to use a fake ID in an attempt to buy alcohol.
  • Penalties for a first violation of all three of these codes include a fine of up to $250 and community service of 24 to 32 hours. Penalties for subsequent violations come with a fine of up to $500 and 36 to 48 hours of community service.
In addition to knowing state laws relating to minors and alcohol, it's important to be familiar with the local laws of the city or county you live in, as well as of places you're visiting since each locality can enact ordinances related to alcohol consumption. For example, Davis has an Open Container Ordinance that bans possession or consumption of alcohol by any person in public areas - such as parks, sidewalks, and parking lots. Each violation comes with a $152 fine.