Who must post the California Notice to Customers Sale of Alcohol to Persons Under 21 Fines & Penalties Poster?
California Business and Professions Code section 25658.4 requires certain California Department of Alcohol Beverage Control (ABC) licensees and retail licensees to post a sign warning customers about laws and penalties that may be imposed for the sale of alcoholic beverages to, or the purchase of alcoholic beverages by, any person under the age of 21 years. The California Notice to Customers Sale of Alcohol to Persons Under 21 Fines & Penalties Poster (Notice to Customers Poster) complies with the requirements of Bus. & Prof. Code § 25658.4.
The Notice to Customers Poster must be posted by:
- Type 20 licensees – Designated as off-premises licenses for the sale of packaged beer and wine. (Examples: grocery stores, convenience stores, etc.)
- Type 21 licensees – Designated as an off-sale general liquor license permitting the sale of beer, wine and distilled spirits, in package form, for consumption off the retail establishment’s premises. (Examples: liquor stores, grocery stores, department stores, gas stations or other retail establishments.)
What information is provided on the Notice to Customers poster?
The Notice to Customers contains the following advisements:
- The store will not sell alcoholic beverages to a customer if:
- The customer is under the age of 21 years.
- The customer looks or acts intoxicated.
- The request to buy an alcoholic beverage is prohibited by the time of day.
- The customer intends to drink the alcoholic beverage on or next to store premises.
- The sale would violate any other provision of the ABC Act.
- The fines and penalties for:
- Selling or furnishing alcoholic beverages to, or the purchase of alcoholic beverages by, to persons under age 21.
- For the person under age 21 who tries to purchase alcohol
- For the person under age 21 who purchases alcohol
- For the person who furnishes alcohol or causes alcohol to be furnished to a person under age 21
- For the person who sells alcohol to a person under age 21
Where should the licensee post the Notice to Customers warning sign?
The sign must be placed at an entrance or at a point of sale in the store, or in any other location of the store that is visible to customers and employees.
Are licensees required to post any other type of signage?
- Prop 65 – All ABC retail licensees are also required to post the California Prop 65 Alcoholic Beverage Exposure Warning Sign concerning alcohol consumption and the risk of cancer and, during pregnancy, the risk of birth defects. (27 CCR § 25607.3 and 27 CCR § 25607.4)
- Licensees that sell tobacco or hold other types of ABC licenses may have other or additional posting requirements.