Liability & LegalQuestion 112 of 200

California Business & Professions Code §25602 prohibits the sale or furnishing of alcoholic beverages to obviously intoxicated persons. For security guards in licensed premises, this matters because:

a.Guards are personally licensed under §25602 and may therefore serve alcohol on the premises where they are posted, provided the licensee's permit is displayed at the bar and the guard has completed a responsible-beverage-service course
b.ABC §25602.1 creates a narrow civil cause of action against licensees for furnishing alcohol to obviously intoxicated minors who then cause injury; guards observing over-service should document and escalate to management, as the licensee faces both administrative ABC action and potential civil liability
c.Guards must immediately arrest any patron who appears intoxicated, since an obviously intoxicated person on licensed premises is committing a public offence in the guard's presence at that very moment and §837(1) therefore applies
d.Over-service has no civil consequences in California, because the Legislature abolished dram-shop liability outright and made the consumption of alcohol rather than its service the proximate cause of any resulting injury

Explanation

BPC §25602(a) makes furnishing alcohol to an obviously intoxicated person a misdemeanor. §25602(b) generally immunizes licensees from civil liability for furnishing alcohol — California rejected dram-shop liability — but §25602.1 carves an exception: a licensee who furnishes alcohol to an obviously intoxicated minor who then proximately causes death or injury can be civilly liable. Ennabe v. Manosa (2014) 58 Cal.4th 697 clarified these provisions. The ABC also imposes administrative penalties (license suspension/revocation). Guards observing over-service should document and alert management. Guards are not personally licensed (a) or required to arrest (c).

Law Reference: Cal. Business & Professions Code §25602; Ennabe v. Manosa (2014) 58 Cal.4th 697

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