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:
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 697Practice all 200 questions free — no signup required.
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