The Shaker & Vine is an establishment that only allows adults over 21 years of age. Children of any age are not allowed. Police officers, sheriff's deputies, and ABC agents are all sworn law enforcement officers with powers of arrest. Whether dressed in civilian clothes or in uniform, these officers have the legal right to visit and inspect any authorized premises at any time during business hours without a search warrant.
This includes inspecting the bar and back bar, warehouse, office, locked or locked cabinets, safes, kitchen, or any other area within authorized facilities. It is legal and reasonable for licensees to exclude the public from some areas of the facility. However, license holders cannot and should not deny entry to, resist, delay, obstruct, or assault a police officer. Any licensee who refuses to allow ABC agents to inspect or examine their books and records is guilty of a misdemeanor.
In addition, it is a misdemeanor for a licensee to falsify or not keep the books and records that must be kept under the provisions of the Act or the Department's regulations. All peace officers and all district attorneys in this state have a duty to enforce the provisions of the Act. The California Supreme Court has held that the Decoy Program is legal and not a trap. The Decoy Program allows local law enforcement agencies to use people under the age of 20 as decoys to purchase alcoholic beverages at authorized locations.
The decision to use the Decoy Program depends on each law enforcement agency. The licensee is authorized to require documentary proof of the age and identity of any person before the sale whenever there is the slightest doubt about the age of the potential customer. Proof that the licensee was shown genuine identification of the person's age and identity and, in good faith, was based on the evidence, establishes a defense. Article 25.6.0 (A 1999 amendment to Section 25.659) states that a licensee or employee may confiscate an identification that shows that the person is under 21 years of age or that it is false.
A receipt must be delivered and the identification must be delivered to the local law enforcement agency within 24 hours. The licensee of a public place must place a sign visible from each public entrance and a similar sign inside that says “People under 21 are not allowed”. Contact your local ABC district office for more information. To serve as evidence for the defense, the identification card must be issued by a government agency and have a current description and a photograph of the person presenting it that reasonably describes them in terms of date of birth, weight, height, gender, and eye and hair color.
There will be no defense if the card has obviously been altered or has expired. A registration certificate issued under the Federal Selective Service Act is no longer considered documentary proof of age, identity and date of birth. Any of these constitute a misdemeanor. Sections 25658 and 2566 of the retail operating regulations apply to stores (license types 20 & 26, 2), bars and taverns (license types 40, 42, 48 and 6).
They do not apply to bona fide restaurants (license types 41, 47, or 7), convention centers, exhibition halls, auditoriums, baseball parks, stadiums, coliseums, hotels, motels, certain marine parks, wineries or brewers. Detailed information on retail operating standards can be found on our website under Merchant Education. You can also read the law in California Legislative Information for more information on Harmful Matter. Rule 139 sets out the requirements for interior lighting which you can find in our merchant education section on Intoxicated People and Untidy Premises.
You can also read Section 24200 of the Business and Professions Code in California Legislative Information for information on reasons that constitute grounds for suspension or revocation of licenses. Violation of any criminal provision of California law that prohibits or regulates sale, exposure for sale, use possession gift adulteration dilution mislabeling or mislabeling of alcoholic beverages is grounds for suspension or revocation of licenses. Section 25601 describes a disorder of public order and section 24200 describes reasons that constitute basis for suspension or revocation of licenses which you can find detailed information on our merchant education page. In addition Section 24200 Yes states that licensee must exercise caution that reasonable prudent person would show under circumstances while Section 2565 requires retailers selling draft beer to consumers place identification tag on all beer barrels at time sale purchaser must sign receipt barrel identification allows barrels tracked possession keg knowledge keg not identified provision false information purchaser registration receipt beer keg misdemeanor Article 25659 bona fide public restaurant minors between 18 21 years age may serve alcoholic beverages area designed used primarily sale service food consumption premises incidental part general functions waiters Article 2566 minor employed working hours part place designed used primarily sale service alcoholic beverages consumption premises exceptions limited circumstances respect musicians Any person who sells supplies gives causes alcoholic beverage sold delivered given away regular drunk obviously intoxicated person guilty misdemeanor Article 2560....
