Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
Information contained in Business and Professions Code §
25682.
(b) Information contained in Title 4 California
Code of Regulations §
160(b).
(c) Information contained in Business and
Professions Code §
25683.
(d) Information contained in Business and
Professions Code §
25684.
(e) Categories of crimes in California:
(1) Definition of and penalties for infractions in
California;
(2) Definition of and
penalties for misdemeanors in California; and
(3) Definition of and penalties for felonies in
California.
(f) Types of
liability for licensees, their employees, and their contractors.
(1) Criminal liability:
(A) Committing a criminal act; and
(B) Penalties include monetary fines, community
service, and jail time.
(2)
Administrative liability:
(A) Action against the
license;
(B) The purpose of penalties is
not punishment, but to deter licensee's using license privileges in ways contrary to
law and that puts the community's health, safety, and welfare at risk; and
(C) Penalties include the suspension of license
privileges, the imposition of conditions, and revocation of a
license.
(3) Civil liability:
(A) Information contained in Business and
Professions Code §
25602.1;
(B) General negligence and reckless conduct;
and
(C) Monetary liability includes
payments to victims who bring civil lawsuits.
(g) Laws related to the service of alcohol for
consumption:
(1) Information contained in Business
and Professions Code §
25658(a), (c),
(d);
(2) Information contained in Business and
Professions Code §
25665;
(3) Information contained in Business and
Professions Code §
25602(a);
(4) Information contained in Penal Code §
647(f);
(5) Information contained in Business and
Professions Code §
25663(a),
(c);
(6) Information contained in Business and
Professions Code §
24200.5(a);
(7) Information contained in Vehicle Code §
23152(a), (b),
(g);
(8) Information contained in Business and
Professions Code §§
25631-
25632;
(9) Information contained in Health and Safety
Code §
11362.3(a)(1)-(3),
(b)(2), (b)(4), and (c);
(10) Information contained in Business and
Professions Code §
25621.5;
and
(11) Information contained in
California Code of Regulations Title 17 § 40300.
(h) Regulation of alcoholic beverages.
(1) Alcohol-related laws are enforced by state and
local law enforcement agencies.
(2) Role
of the department:
(A) The department licenses
businesses to sell alcohol;
(B) ABC
agents are sworn peace officers;
(C)
Definition of a sworn peace officer in California; and
(D) Information about the Target Responsibility
for Alcohol Connected Emergencies (T.R.A.C.E.)
protocol.
(i) Role
of local law enforcement officers:
(1) Local law
enforcement is required to enforce alcohol laws; and
(2) Local law enforcement officers are required to
send the department all arrest reports and calls for service at ABC licensed
locations.
(3) Inspection rights and
peace officer authority:
(A) Any sworn peace
officer, whether in uniform or in plain clothes, has the right to visit and inspect
any licensed premises at any time during business hours;
(B) The right to inspect is not dependent on
probable cause or obtaining a warrant;
(C) The right to inspect extends to the bar, back
bar, store room, office, closed or locked cabinets, safes, kitchen, or any other
area within the licensed premises;
(D)
Interfering in any way with a peace officer's right to inspect is grounds for arrest
and license revocation; and
(E) The ABC
agent's right to inspect also extends to licensee records required to be kept under
Business and Professions Code Division 9.
(j) Local jurisdictions may have additional laws,
ordinances, or provisions that apply to an ABC licensed location in their area in
addition to the statewide laws.
1. New section
filed 5-20-2020; operative 5-20-2020 pursuant to Government Code section
11343.4(b)(3) (Register 2020, No. 21).
Note: Authority cited: Sections 25681(a) and 25685(a), Business
and Professions Code. Reference: Section 25680(c)(3), Business and Professions
Code.
