AB 864

This bill provides that an alcohol beverages server, not the retail licensee, is the

person to be issued a citation for selling or providing alcohol beverages to an

underage person on licensed premises if the violation is detected by means of an

undercover law enforcement "sting" operation.

Under current law, no person, including an alcohol beverages retail licensee or

the holder of an operator's (bartender's) license, may sell or provide alcohol

beverages to a person under age 21 who is not accompanied by his or her parent,

guardian, or spouse who is at least age 21. Current law also prohibits an adult from

intentionally encouraging or contributing to an underage alcohol violation and from

knowingly permitting or failing to take action to prevent the illegal consumption of

alcohol beverages by an underage person on premises owned by the adult or under

the adult's control. If a retail licensee violates any of these prohibitions, a court must

suspend the retail license if the retail licensee committed a prior violation within the

previous 12 months. For any person, other than a retail licensee, who violates any

of these prohibitions, the person may be required to forfeit not more than $500 if the

person has no prior violations within the previous 30 months; however, if the person

has prior violations within this time period, the person is subject to various criminal

penalties. In addition, if the person holds a bartender's license, the court must

suspend the bartender's license if there is any prior violation within the previous 12

months. Only one penalty may be imposed for each underage person who is

unlawfully provided alcohol beverages, so if alcohol beverages are provided on

licensed premises by a bartender who is not the retail licensee, the bartender and the

retail licensee cannot both be subject to a penalty for the violation.

Under this bill, if a violation of any of the prohibitions described above occurs

on licensed premises and the violation is detected by means of an undercover

underage person employed by or assisting a law enforcement agency, only the

individual responsible for providing the alcohol beverages to the underage person

may be issued a citation for, or charged with, the violation.