Civil & Criminal LiabilityQuestion 81 of 100
Under Bus. & Prof. Code §25602, a server who sells alcohol to an obviously intoxicated person faces what level of criminal liability?
a.Felony — punishable by state prison
b.Misdemeanor — punishable by fine up to $1,000 and/or up to 6 months in county jail
c.Infraction — fine only, no jail
d.No criminal liability — only civil liability
Explanation
§25602(a) makes the sale a misdemeanor for the seller; standard misdemeanor punishment under Penal Code §19 is up to 6 months in county jail and/or a fine up to $1,000. The licensee separately faces ABC administrative discipline (license suspension or revocation) under §24200. There is no felony exposure for the basic §25602 violation, but related conduct (e.g., serving leading to a vehicular manslaughter) can expose the establishment to massive civil judgments.
Law Reference: Cal. Bus. & Prof. Code §25602Practice all 100 questions free — no signup required.
Related questions on this topic
- Under California's general 'dram shop' rule in Bus. & Prof. Code §25602(b) and (c), can a server or licensee be held civilly liable to a third party (e.g., a victim of a drunk-driving crash) for serving alcohol to an obviously intoxicated adult?
- In Ennabe v. Manosa (2014), the California Supreme Court extended §25602.1 civil liability to whom?
- Under California's doctrine of respondeat superior, when a server makes an unlawful sale under §25602, the licensee/employer can be held:
- ABC may suspend or revoke an alcohol license under §24200 for multiple grounds. Which of the following is a common ground?
- The burden of proof for a criminal §25602 prosecution against a server is:
- If a server is criminally charged with a §25658 sale-to-minor violation but presents proof that they checked a bona fide §25660 ID in good faith, what is the legal effect?
Last reviewed: · editorial process
PrepPass Editorial Team · Verified against California RBS Alcohol Server Exam · How we review