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?
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 §25631This topic, taught in full in the California RBS (Responsible Beverage Service) guide. California RBS — Responsible Beverage Service Study Guide (2026) — PDF + EPUB, $9.99 · 14-day refund →
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