Posts Tagged ‘misdemeanor’

AB 1128: Veto of the “Serve a Minor” Felony Penalty Bill, or How to Lose a Winery in One Sale

by John Hinman 10.28.13


On May 20th we wrote a blog on the dangerous nature of AB 1128, which would have elevated the penalty for furnishing alcohol to a minor from a misdemeanor to a felony.  This was one of the most pernicious anti-alcoholic beverage industry (and anti-parent) bills in the history of California. It snuck through the legislature because most folks simply didn’t want to be seen as encouraging in any way youth alcohol use; regardless of the circumstances or the context. We are pleased to report that Governor Brown vetoed the bill and sent the following message: BILL NUMBER:  AB 1128 VETOED       DATE: 10/12/2013 To the Members of the California State Assembly: I am returning Assembly Bill 1128 without my signature. This bill would allow a felony to be charged if a person knowingly provides alcohol to an underage drinker, whose alcohol consumption thereafter causes injury or death. The behavior targeted by… Read more

AB 1128: The “Serve a Minor” Felony Penalty Bill, or How to Lose a Winery in One Sale

by John Hinman 05.20.13


Welcome to your worst nightmare: You serve a customer at a winery tasting room (or at a party at a winery) who turns out to be younger than 21, and who later gets into an accident or commits a crime like assault where alcohol is a factor and you end up with a felony, which bars you from the wine industry for the foreseeable future. AB 1128 (currently on a fast track to pass through the California legislature) amends Business & Professions (“B&P”) Code Sec. 25658 and ups the potential penalty for sales to a minor (from a misdemeanor to a felony) when the minor causes an injury, death or damage to others. Civil damages for selling or furnishing alcohol to a minor who gets into an accident or causes harm is already part of the law and the potential consequences of a current incident include license revocation for a… Read more