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Alcoholic Beverages at a Public Educational Facility Laws - California Business and Professions Code 25608 BPC

Posted by Raoul Severo | Jul 03, 2020 | 0 Comments

The California Business and Professions Code 25608 BPC states that Every individual who sells, consumes, gives, possesses or delivers to another Individual any alcoholic beverage on a public schoolhouse or the grounds of the schoolhouse or college premises, is guilty of a misdemeanor.

However, a person would not be guilty of a violation of this code if the following situations and conditions are met:

  1. The alcohol involved in the case was wine used as part of an instructional program by the accused for viniculture or oenology purposes
  2. The alcohol which is involved in the case was used on an educational course by a person authorized by the authorities to possess, produce, acquire or use it legally.
  3. The public schools and colleges are surplus school property or college premises that are leased to another party in the state and not used for education purpose or recreation for those under the age of 21 years old.
  4. The alcoholic beverage  which is involved or which is base of the criminal charge on the accused was served in a stadium or any playground that has a capacity over 12,000 people in a county of California with a population over 6,000,000 people for football match or other games sponsored by a college, public school or other events sponsored by non-college groups or any other institutions.
  5. The alcoholic beverage was acquired by the accused possessed in his custody or used at a performing arts facility in any educational institute.
  6. The alcohol used by the accused was served and provided to others during an event at a time where students are not attending classes or not in a student capacity.
  7. The alcoholic beverage which is used or involved in the case was served at a professional minor league baseball game conducted by the official authorities at the stadium or playground in a county with a capacity of less than 250,000 people in that stadium.

Punishment

The punishment of this crime is not more than 6 months imprisonment in county jail or fine up to $1000 USD

The Law Office of Raoul Severo

If you or one of your family members are facing this criminal charge in Orange County or anywhere in the state of California, looking for a criminal defense attorney is the best possible course of action in order to get the best deal in court. In a simple 3 step process The Law office or Raoul Severo has the capability to provide advice and guidance tailored to your needs:

  • Schedule a first consultation
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