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Are parents liable for home drinking parties?

August 18, 2009 By Lauren Tyson Leave a Comment

Each year the California Department of Alcoholic Beverage Control gives grants to local police and sheriff’s departments to address alcohol-related crime. And they don’t limit their investigations to licensed businesses.

Police in Vacaville teamed up with local ABC investigators Friday and hit two home parties, according to the Contra Costa Times.

Some people don’t know the law holds parents or legal guardians liable. Officers can also seize any alcoholic beverage in plain view, in certain circumstances. Read on…

25658.2. Minors consuming at home: penalties for parents or guardians.

     (a) A parent or legal guardian who knowingly permits his or her child, or a person in the company of the child, or both, who are under the age of 18 years, to consume an alcoholic beverage or use a controlled substance at the home of the parent or legal guardian is guilty of misdemeanor if all of the following occur:

     (1) As the result of the consumption of an alcoholic beverage or use of a controlled substance at the home of the parent or legal guardian, the child or other underage person has a blood-alcohol concentration of 0.05 percent or greater, as measured by a chemical test, or is under the influence of a controlled substance.

     (2) The parent knowingly permits that child or other underage person, after leaving the parent’s or legal guardian’s home, to drive a vehicle.

     (3) That child or underage person is found to have caused a traffic collision while driving the vehicle. (b) A person who violates subdivision (a) shall be punished by imprisonment in a county jail for a term not to exceed one year, by a fine not exceeding one thousand dollars ($1,000), or by both imprisonment and fine.

25662. Possession by minors

. . .(b) Unless otherwise provided by law, where a peace officer has
lawfully entered the premises, the peace officer may seize any
alcoholic beverage in plain view that is in the possession of, or
provided to, a person under the age of 21 years at social gatherings,
when those gatherings are open to the public, 10 or more persons
under the age of 21 years are participating, persons under the age of
21 years are consuming alcoholic beverages, and there is no
supervision of the social gathering by a parent or guardian of one or
more of the participants. . . .”
Source:  California Business & Professions Code.

Filed Under: SOCIAL HOST Tagged With: possession by minors, social gatherings

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Lauren C. Tyson is a professional liquor license consultant with 29 years of experience at the California Alcoholic Beverage Control as an investigator, supervising investigator, and district administrator. She is a recognized expert in liquor licensing, liquor law enforcement  and responsible alcohol service. Read More…

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