Penalty Policy Guidelines
The California Constitution authorizes the Department, in its discretion, to suspend or revoke any license to sell alcoholic beverages if it shall determine for good cause that the continuance of such license would be contrary to the public welfare or morals. The Department may use a range of progressive and proportional penalties. This range will typically extend from Letters of Warning to Revocation. These guidelines contain a schedule of penalties that the Department usually imposes for the first offense of the law listed (except as otherwise indicated). These guidelines are not intended to be an exhaustive, comprehensive or complete list of all bases upon which disciplinary action may be taken against a license or licensee; nor are these guidelines intended to preclude, prevent, or impede the seeking, recommendation, or imposition of discipline greater than or less than those listed here in, in the proper exercise of the Department’s discretion.
Higher or lower penalties from this schedule may be recommended based on the facts of individual cases where generally supported by aggravating or mitigating circumstances.
Aggravating factors may include, but are not limited to:
- Prior disciplinary history
- Prior warning letters
- Licensee involvement
- Premises located in high crime area
- Lack of cooperation by licensee in investigation
- Appearance and actual age of minor
- Continuing course or pattern of conduct
Mitigating factors may include, but are not limited to:
- Length of licensure at subject premises without prior discipline or problems
- Positive action by licensee to correct problem
- Documented training of licensee and employees
- Cooperation by licensee in investigation
Note: For purposes of this schedule of penalties, “revocation” includes any period of stayed revocation as well as out right revocation of the license.
- Sales to minors – § 25658 B&P:
- Sales of alcoholic beverages to person(s) under 21 – 15 day suspension
- Permitting person(s) under 21 to consume –15 day suspension
- Furnishing or causing to be furnished alcoholic beverages to person(s) under 21 –15 day suspension
- 2nd violation of Section 25658 with in 36 months –25 day suspension
- 3rd violation of Section 25658 within 36 months –Revocation (Note: priors must be final – B & P § 25658.1)
- Minor(s) on public premises – 25665 B&P –10 day suspension
- Employment of minor(s) – 25663 B&P –10 day suspension
- Unsupervised sales by person(s) under 18 – 25663(b) B&P –10 day suspension
- Sales to obviously intoxicated person(s) – 25602 B&P –15 day suspension
- 2nd violation of 25602 within 3 years –25 day suspension
- 3rd violation of 25602 within 3 years –45 day suspension to revocation
- Sale and/or Consumption After Hours – 25631 & 25632 B&P:
- By public –15 day suspension
- By employees and friends only –10 day suspension
- By employees only –5 day suspension
- Illegal Solicitation of Alcoholic Beverages:
- Violation of Section 24200.5(b) Revocation Violation of Section 25657(a) –Revocation
- Violation of Section 25657(b) and Section 303a PC – 30 day suspension To revocation
- Employees accepting alcoholic drinks – Rule 143 CCR –15 day suspension
- Refilling – 25176 & 25177 B&P Code: With different brand –15 day suspension
- With same brand –5 day suspension
- Contaminated Bottles (insects, etc.) – 347b PC –5 day suspension
- Substitution of Brands – 25609 & 23614 B&P –15 day suspension
- Club Licenses, Sale to Public – 23431 B&P 10 day suspension
- Sale to Purchase Between Retailers – 23402 B&P 15 day suspension
- Not Operating Bona Fide Eating Place – 23038 & 23396 B&P 10 day suspension indefinite until compliance
- Licensee or Bartender Working In Premises While Intoxicated -24200(a) B&P 30 day suspension
- Licensee or Employee Resisting Arrest or Interfering With Investigation on The Premises – 24200( a) B&P & 148 PC 35 day suspension to revocation
- Licensee or Employee Not Permitting Inspection Of: Premises – 25755 B&P 30 day suspension Records – 25616 B&P 30 days and indefinite until records produced
- Alcoholic Beverage Not Permitted By License – 25607 & 23355 B&P:
- Sale 15 day suspension
- Possession 10 day suspension
- Gambling – 24200(a) B&P and 330 PC:
- Organized (bookmaking, football cards, etc.) 30 day suspension
- Local (cards, dice, football & baseball pools, etc.) 10 day suspension
- Electronic/video games (slot machines, Poker, 21, etc.) – possession 15 day suspension
- Electronic/video with payoffs 30 day suspension, with 15 days stayed for 2 years
- Disorderly House, Prostitution, Lewd Conduct – 25601 B&P:
- Occasional or isolated offenses 30 day suspension
- Recurring/aggravated offenses Revocation
- Nude Entertainers, etc. – Rule 143.2 &. 3 30 day suspension to revocation
- Narcotics – B&P 24200.5 and H&S Violations: Transactions on licensed premises Revocation Paraphernalia, possession for sale Revocation, stayed for 3 years and a 20 day suspension
- Failure to correct objectionable conditions -24200(e) and (f) B&P 30 day suspension to revocation
- Undisclosed Ownership – 23300 & 23355 B&P:
- Hidden owner qualified 15 day suspension Indefinite until ownership corrected
- Hidden owner not qualified Revocation
- Hidden owner-priority license Revocation
- Commission of Crime Involving Moral Turpitude – 24200(a) B&P:
- Committed on premises Revocation
- Committed away from premises (petty theft/shoplifting) Revocation stayed 3yrs
- Committed away from premises (other than petty theft) Revocation
- Conviction of a crime involving moral turpitude – 24200(d) B&P Revocation
- Violation Of Conditions – B&P 23804 15 day suspension with 5 days stayed for one year
- Rule 65 – Chapter 1, Title 4 of the CCR Revocation stayed for 180 days to permit transfer or reactivation of license
- Rule 107 – Chapter 1, Title 4 of the CCR 5 day suspension
- Rule 108 – Chapter 1, Title 4 of the CCR 5 day suspension to a suspension equal to double the original suspension
- Exceeding license privileges – 24200(a), 23300, 23355 B&P 5 day suspension to revocation
- PC 313.1 – Harmful matter 5 day suspension
- Sale of alcoholic beverages while under suspension Double the original suspension to revocation
- Receiving Stolen Property – 24200(a) and 664 & 496 PC:
- By license on premises Revocation
- By employee on premises Revocation stayed for 3 years, and a 20 day suspension
- Food Stamp Violations – 24200(a) B&P:
- Allowing purchases of alcoholic beverages 10 day suspension
- Food stamp trafficking (i. e. purchasing stamps at discount):
- By licensee Revocation
- By employee, with premises involvement Revocation, stayed for one year and a 20 day suspension.
- Keg Registration violations 10 day suspension
- Operating Condition Violations – Section 25612.5 B&P:
- Subsections (c) (3), (4), (5), (6), (7), (10) 5 day suspension
- Subsections (c) (1), (2), (8), (9) 10 day suspension indefinite until compliance
- Misrepresenting Material Fact on Application – 24200(c) B&P Revocation
Petition For Offer in Compromise (“POIC”)
Business and Professions Code Section 23098 authorizes the Department may accept a Petition for Offer in Compromise (“POIC”) in lieu of the service of a suspension of 15 days or less. For purposes of determining whether the Department may accept a POIC in lieu of suspension, the total penalty imposed must be for 15 days or less, and shall not include any period of stayed suspension that would result in the potential suspension being for a period of greater than 15 days , nor can it include any period of stayed revocation. In the event that the suspension is for a period of 15 days or less with some portion thereof stayed, the POIC shall be calculated based upon the period of actual suspension (not including the stayed portion). In such cas es, if the stayed period of suspension is later reimposed, the Department will generally not accept a POIC in lieu of serving the reimposed period of suspension.
- B&P California Business and Professions Code
- PC California Penal Code
- H&S California Health & Safety Code
- CCR California Code of Regulations
- POIC Payment of Offer in Compromise (B&P Sections 23095 & 23096)
Title 4 California Code of Regulations, Section 144. Penalty Guidelines
In reaching a decision on a disciplinary action under the Alcoholic Beverage Control Act (Bus. and Prof. Code Sections 23000, et seq.), and the Administrative Procedures Act (Govt. Code Sections 11400, et seq.), the Department shall consider the disciplinary guidelines entitled “Penalty Guidelines” (dated 12/17/2003) which are hereby incorporated by reference. Deviation from these guidelines is appropriate where the Department in its sole discretion determines that the facts of the particular case warrant such a deviation – such as where facts in aggravation or mitigation exist.
Authority cited: Section 25750, Business and Professions Code; and Section 22, Article XX, California Constitution. Reference: Section 23001, Business and Professions Code; and Section 11425.50(e), Government Code.
- New section filed 4-13-2004 as an emergency; operative 4-13-2004 (Register 2004, No. 16). A Certificate of Compliance must be transmitted to OAL by 8-11-2004 or emergency language will be repealed by operation of law on the following day. For prior history, see Register 68, No. 46.
- Certificate of Compliance as to 4- 13-2004 order transmitted to OAL 8-11- 2004; disapproved by OAL and order of repeal and deletion filed 9-23- 2004 (Register 2004, No. 39).
- New section filed 9-23-2004 as an emergency; operative 9-23-2004 (Register 2004, No. 39). A Certificate of Compliance must be transmitted to OAL by 1-21-2005 or emergency language will be repealed by operation of law on the following day.
- Certificate of Compliance as to 9-23 -2004 order, including amendment of section, transmitted to OAL 11-18-2004 and filed 12-16-2004 (Register 2004, No. 51).
CCR Rule 107.
The lettering of such sign shall be no less than one inch in height. A sign of like size and content shall be maintained at a prominent place in the interior of the premises.
If ABC has evidence of a violation involving a licensee or a licensed premises, it will file an administrative complaint, called an accusation. An accusation, if proven, will lead to the suspension or revocation of the license.Which of the following are responsibilities of the California Department of Alcoholic Beverage Control? ›
The mission of the Department of Alcoholic Beverage Control is to provide the highest level of service and public safety to the people of the State through licensing, education, and enforcement.What are the penalties for violating provisions of the responsible beverage service program or meant to serve as? ›
(1) Criminal liability: (A) Committing a criminal act; and (B) Penalties include monetary fines, community service, and jail time.What is the CCR Code of California regulations? ›
The California Code of Regulations (CCR), is the official compilation and publication of the regulations adopted, amended or repealed by state agencies pursuant to the Administrative Procedure Act (APA). Properly adopted regulations that have been filed with the Secretary of State have the force of law.How many titles are found in the California Code of Regulations CCR )? ›
About the California Code of Regulations Site
The CCR consists of 28 titles and contains the regulations of approximately 200 regulatory agencies.
Law enforcement agencies enforce laws regarding their manufacture, import, sale, possession and use. Alcohol-related laws are enforced by State and local law enforcement agencies.Which is considered an administrative penalty? ›
Administrative penalty means a monetary fine imposed by the division for acts or omissions determined to constitute unprofessional or unlawful conduct, as a result of an adjudicative proceeding conducted in accordance with Title 63G, Chapter 4, Administrative Procedures Act.What is the minimum administrative penalty if an agent violates any replacement regulations for the first time? ›
(a) Any broker, agent, or other person or other entity engaged in the transactions of insurance, other than an insurer, who violates this article is liable for an administrative penalty of no less than one thousand dollars ($1,000) for the first violation.What is Section 25665 of the California Alcoholic Beverage Control? ›
Business and Professions Code 25665 is the California statute that makes it a crime for a minor to be allowed on the premises of a bar or nightclub where alcohol is sold for consumption. A violation is a misdemeanor punishable by up to 6 months in jail and fines of up to $1000.00.
It's recommended to drink no more than 14 units of alcohol a week, spread across 3 days or more. That's around 6 medium (175ml) glasses of wine, or 6 pints of 4% beer. There's no completely safe level of drinking, but sticking within these guidelines lowers your risk of harming your health.What is the California alcoholic beverage Act? ›
The California Department of Alcoholic Beverage Control (ABC) is an agency of the government of the state of California charged with regulation of alcoholic beverages. The ABC was created by constitutional amendment effective January 1, 1955, as an independent department of the executive branch of the state government.What is a potential consequence for servers who break alcohol service laws? ›
Servers can be held criminally liable for violating state, county, or municipal alcohol service laws, particularly for serving someone under 21 years of age or serving someone who is intoxicated. Civil liability: Being held responsible for payment of damages for injuring a person.Who is liable for the violation if you served alcohol to a person under 21 because your coworker had checked the ID? ›
What if someone else checked the ID? The seller is the one liable for serving the minor. As a bartender or server, you are responsible for checking the IDs of your customers, even if another person has previously checked it.What is the maximum penalty for serving alcohol after hours in California? ›
Business and Professions Code 25631 BPC is the California statute that makes it a crime for a liquor store, bar, or club to sell alcohol between the hours of 2:00 a.m. and 6:00 a.m. The offense is a misdemeanor punishable by up to 6 months in jail and fines of up to $1000.00.What is Title 17 California Code of Regulations 17 CCR? ›
The Title 17 Complaint Procedure is defined in the California Code of Regulations Title 17 Section 50540. It provides a mechanism for due process when the consumer believes a right has been unreasonably or punitively denied.What is Section 2695.7 of the California Code of Regulations? ›
Section 2695.7 - Standards for Prompt, Fair and Equitable Settlements (a) No insurer shall discriminate in its claims settlement practices based upon the claimant's age, race, gender, income, religion, language, sexual orientation, ancestry, national origin, or physical disability, or upon the territory of the property ...What is California regulations at 22 ccr 50426? ›
Under California regulations at 22 CCR §50426, the proceeds from the sale of real property retained by an applicant or beneficiary who does not own a suitable principal residence or who wishes to sell the current principal residence and purchase a new principal residence shall be exempt for a period of six months from ...What is Title 14 of the California Code of Regulations? ›
The California Code of Regulations (CCR) Title 14 is one of 27 Titles that contain state regulations. Title 14, called “Natural Resources,” contains 25 Divisions. There are also numerous chapters and articles containing regulatory sections, or individual regulations.What is Title 22 of the California Code of Regulations? ›
Substance abuse treatment providers participating in the Drug Medi-Cal (DMC) program must follow the requirements contained in the CCR, Title 22, Sections 51341.1, 51490.1, and 51516.1. For Narcotic Treatment Programs, Title 22 also refers and ties into CCR Title 9.
If you are a mobile home or RV park resident, you are entitled to certain rights under Title 25, Division I, Chapter 2 of the California Code of Regulations. These specific regulations include requirements for park construction, use, occupancy, design, and maintenance.Who has the power to regulate alcoholic beverages? ›
The 21st Amendment to the Constitution gives the “rights” concerning alcohol beverages, not to the federal government nor to the individuals, but to the states. It is the only express grant of authority given exclusively to the states.What is etoh law enforcement? ›
ETOH on board: Intoxicated or under the influence of alcohol; term taken from one used frequently by emergency medical personnel who abbreviate ethyl alcohol as "ETOH"Who enforces the liquor code in California? ›
ABC engages in several programs to protect the public by enforcing the provisions of the Alcoholic Beverage Control Act.How do I dispute an admin penalty? ›
- Make sure you have submitted the outstanding tax return before attempting to file a dispute. ...
- Once you have run the Penalty Statement of Account, click the Dispute button at the top of your screen.
- Select "I would like to file a Request for Remission" and click Continue.
An infraction, sometimes called a petty offense, is a violation of an administrative regulation, an ordinance, a municipal code, or, in some jurisdictions, a state or local traffic rule. In most states, an infraction is not considered a criminal offense and is rarely punishable by incarceration.What is administrative liability what type of penalties can be given by the liquor authority? ›
What is administrative liability? Penalizing establishments and employees who don't follow alcohol laws. What type of penalties can be given by the liquor authority? Loss of server's right to serve alcohol.Which of the following actions can an agent's license be suspended or revoked? ›
They include: Providing incorrect, misleading, incomplete, or otherwise false information in an agent license application. Violating a state insurance law, regulation, or subpoena in the agent's domicile state or any other state. Trying to get licensed through misrepresentation or fraud.What is the maximum civil penalty that a licensee may be required to pay for violating Tennessee law? ›
With respect to any person required to be licensed, permitted, or authorized by any board, commission or agency attached to the division of regulatory boards, each respective board, commission or agency may assess a civil penalty against the person in an amount not to exceed one thousand dollars ($1,000) for each ...What is the maximum civil penalty that can be brought against a licensee for a violation in SC? ›
If the violation is wilful, the director or his designee shall fine the person in an amount not to exceed five thousand dollars, suspend or revoke the license of the person, or both.
Under California Business and Professions Code Section 25658(a) BPC, it is a crime to sell or furnish alcohol to a person under the age of 21. Business and individuals caught violating this law face significant penalties if convicted.What is California Responsible beverage Service? ›
Responsible Beverage Service (RBS) Training Program. Responsible Beverage Service training teaches servers to responsibly serve alcoholic beverages for on-premises consumption and mitigate alcohol-related harm in California communities.How many questions are on the California alcohol beverage control test? ›
How long does the ABC Alcohol Server Certification Exam take? The exam is self-paced and contains 50 multiple-choice questions. It can take up to two hours to complete.What are the weekly alcohol guidelines? ›
Women and everyone over age 64 should drink no more than 1 standard drink per day (and not more than 7 standard drinks per week). Men aged 64 and under should drink no more than 2 standard drinks per day (and not more than 14 standard drinks per week).What are the CDC guidelines for heavy drinking? ›
Heavy drinking, defined as 8 or more drinks per week for a woman or 15 or more drinks per week for a man. Any alcohol use by pregnant women or anyone younger than 21.What are the 4 four categories of intoxication as defined by the intoxication guidelines? ›
The intoxication guidelines include four categories of characteristics. These four categories are SPEECH, BALANCE, COORDINATION, and BEHAVIOUR.Can a bartender drink on the job in California? ›
Drinking alcohol during your shift, after your shift, or at closing time is not allowed. Drinking on the job impairs your ability to perform your duties. You are more likely to make mistakes in judgment such as serving underage or obviously intoxicated patrons.What is the new ABC law in California? ›
Music Venue License: Effective January 1, 2023, SB 793 establishes a new ABC license (Type 90) to be issued to a music entertainment facility that may be open to all ages and provide alcoholic beverage service to adult patrons, including beer, wine and distilled spirits.What is the California Code of Regulations? ›
The California Code of Regulations (CCR), is the official compilation and publication of the regulations adopted, amended or repealed by state agencies pursuant to the Administrative Procedure Act (APA). Properly adopted regulations that have been filed with the Secretary of State have the force of law.What do penalties for violating provisions of the Responsible Beverage service Program serve as? ›
(1) Criminal liability: (A) Committing a criminal act; and (B) Penalties include monetary fines, community service, and jail time.
These laws are often referred to as “Dram Shop” laws, which hold those serving alcohol liable for the acts committed by the intoxicated person(s) they are serving.Can employees be held liable for alcohol-related incidents only if they poured the alcohol? ›
Employees can be held liable (responsible) for alcohol-related incidents ONLY if they actually poured the alcohol. 15. Which of the following is NOT a Reasonable Effort by an employee? 17.Who is legally responsible for checking IDs and monitoring for intoxication? ›
Other employees (such as door people, bouncers, floorwalkers, or bartenders) can assist with checking IDs and monitoring for intoxication, but the person who serves the alcohol is legally responsible and will be the one who receives a violation.What is the alcohol one hour rule? ›
Many people follow the "one drink an hour rule" to avoid going over the blood alcohol content of 0.08%. Essentially, the one drink per hour rule means that as long as someone only consumes 1¼ ounces of hard liquor, one beer, or one glass of wine and no more over the course of an hour, then they are safe to drive.Can you serve alcohol after 2am in California? ›
It is unlawful to sell alcohol between the hours of 2 a.m. and 6 a.m. It is also unlawful for any person to knowingly purchase alcohol or consume between those hours. The penalty is a misdemeanor.Which is considered an administrative penalty that may be imposed by the ABC quizlet? ›
Criminal: Penalties include monetary fines, community service, and jail time. Administrative: Penalties include the suspension of license privileges, the imposition of conditions, and revocation of a license.What is the maximum civil penalty that can be brought against a licensee for a violation South Carolina? ›
If the violation is wilful, the director or his designee shall fine the person in an amount not to exceed five thousand dollars, suspend or revoke the license of the person, or both.What must occur for a server to be guilty of serving an obviously intoxicated person? ›
The only evidence needed for a person to be found guilty of DUI is blood, breath, or urine test results showing . 08 percent BAC.What is the most valid reason for refusing service to a patron ABC? ›
Below are several legitimate reasons to refuse service to a patron: Underage individuals. Those who have over-consumed are showing symptoms of intoxication. Excessively rowdy or unruly customers.What does administrative law consist of the rules orders and decisions of? ›
Administrative law consists of the rules, orders, and decisions of administrative agencies. Administrative law includes only state regulations.
Civil liability: Being held responsible for payment of damages for injuring a person.Can employees be held liable for alcohol related incidents only if they poured the alcohol? ›
Employees can be held liable (responsible) for alcohol-related incidents ONLY if they actually poured the alcohol. 15. Which of the following is NOT a Reasonable Effort by an employee? 17.Which liability is known as strict liability? ›
In both tort and criminal law, strict liability exists when a defendant is liable for committing an action, regardless of what his/her intent or mental state was when committing the action. In criminal law, possession crimes and statutory rape are both examples of strict liability offenses.Which of the following is the maximum civil penalty for violating the Safe Act? ›
Each failure under the Real Estate Settlement Procedures Act is as $103 penalty with $207,183 as the annual cap. SAFE Act violations have a $31,928 penalty, and the first violation of Truth-in-Lending Act has a penalty of $12,647 with subsequent violations costing $25,293.What is the total fine that a licensee may face for a continuous violation may not exceed in Oregon mortgage? ›
Every violation is a separate offense and, in the case of a continuing violation, each day's continuance is a separate violation, but the maximum penalty for any continuing violation shall not exceed $20,000 for each offense.What is the maximum amount of an administrative fine the FREC may issue for one violation of FS 455? ›
The licensee has 30 days to pay the citation or request a hearing. If the licensee doesn't pay the fine within 30 days the DRE may impose additional penalties. The commission may impose an administrative fine not to exceed $5,000 for each count or separate offense to the applicable 475 and 455 statutes.How long after a violation has occurred may a debtor bring an action against a licensee in SC? ›
(5) No action pursuant to this section may be brought more than one year after the date of the occurrence of the violation.What is the first offense for possession of controlled substances in South Carolina? ›
1st offense - fine of not more than $5,000 or imprisonment for not more than 3 years, or both. 2nd offense - fine of not more than $7,500 or imprisonment for not more than 5 years, or both. 3rd or subsequent offense - fine of not more than $12,500 or imprisonment for not more than 10 years, or both.What is the maximum civil fine for an individual or firm with two or more violations of the Fair Housing act in the past seven years closest? ›
The maximum civil penalties are: $16,000, for a first violation of the Act; $37,500 if a previous violation has occurred within the preceding five-year period; and $65,000 if two or more previous violations have occurred within the preceding seven-year period.