Special SituationsQuestion 96 of 100
An off-sale (Type 20/21) retailer continues to sell beer at 2:15 a.m. on Saturday morning. What is the legal status of this sale under §25631?
a.Legal — off-sale stores have a separate 24-hour exemption
b.Legal — Saturday and Sunday have extended hours until 4 a.m.
c.Illegal — §25631 prohibits sale of any alcoholic beverage between 2:00 a.m. and 6:00 a.m. at on-sale AND off-sale licensees
d.Legal — only the sale of spirits is restricted by §25631
Explanation
§25631 prohibits sale, gift, or delivery of any alcoholic beverage by ANY licensee — on-sale or off-sale — between 2:00 a.m. and 6:00 a.m. of the same day. No 'extended weekend' or 'off-sale 24-hour' exceptions exist (although SB 905 'extended-hours' pilot programs were considered and ultimately defeated; 2 a.m. remains the statewide cutoff). The sale at 2:15 a.m. is a misdemeanor and grounds for ABC discipline.
Law Reference: Cal. Bus. & Prof. Code §25631Practice all 100 questions free — no signup required.
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