If you are caught selling alcohol to a minor, you may be facing legal trouble. Fortunately, there are defenses. First, you may be able to use an ID card defense, but it’s important to remember that this defense only applies if the ID is legitimate and the person is over the age of 21. Otherwise, you can be prosecuted even if you use a fake ID or are caught with an underage customer. Also, you can face stiffer penalties if the minor used a vehicle or caused bodily harm.
Additionally, if you are a retail liquor licensee, you may be subject to administrative actions, including additional fines, suspension, or revocation of your license. In some cases, you can be sentenced to jail for 30 days or a year. In addition to these legal penalties, you may have to perform community service as well.
The legal defenses against selling alcohol to minors include asking for identification before selling it. However, this defense is unlikely to work, since it is impossible for a defendant to claim that they had a mistaken belief that the minor was over 21. Furthermore, simply asking for ID is not enough. A seller or supplier must check the ID by inspecting it or running it through a scanner.
If you’re wondering if selling alcohol to minors is legal, you can read the law and find out what your legal obligations are. In California, furnishing alcohol to minors is a misdemeanor. This is a strict liability crime, meaning that a prosecution must prove that you or an employee of yours sold the alcohol to the minor.
In some states, selling alcohol to minors is not illegal. However, if you are caught, you could face a felony charge. A misdemeanor means a fine of $250 or more, and a felony means prison time. In addition, you will lose your license or permit for 180 days if you’re caught.
Undercover operations are a common enforcement tool for police. They expose unscrupulous licensees and employees and make them realize how serious this violation is. In these cases, police will create an artificial attempt to buy alcohol by a minor, such as a child. If the minor tries to purchase alcohol, the clerk must ask for their identification.
In some instances, providing alcohol to a minor can result in a civil case against the parent. Providing alcohol to an underage person may also lead to a criminal charge. If you have knowledge that the underage person is doing drugs, you could also be charged with criminal negligence.
A class A misdemeanor for selling alcohol to a minor can cost you up to $1000 and a year in jail. Moreover, you can lose your license if the minor consumes alcohol from your store.