Business and Professions Code section 25658(a), Selling Alcohol to a Person Under 21, Negotiated to Business and Professions Code section 25658(b), Purchase of Alcohol Under 21!

Recently in Los Angeles County at the Bellflower Courthouse a Complaint was filed against our client alleging that he violated Business and Professions Code section 25658(a), Selling Alcohol to a Person Under 21.

Our client was working as a cashier at the time that he received the citation for this matter and it was alleged that our client sold alcohol to a minor decoy during a sting operation conducted by the Alcohol and Beverage Control Agency. Our client was then cited and later a Complaint was filed against him.

According to the plain language of the statute for a minor decoy program employed under this Section the minor should have the “appearance of a person under 21 years of age.” After reviewing the discovery in this matter, the photograph of the minor decoy used in this matter looked arguably over the age of 21.

After providing the prosecution with a mitigation package and highlighting the fact that the minor decoy appeared over the age of 21, the prosecution agreed to allow our client to plea to Business and Professions Code section 25658(b), as an infraction! With this result our client will not face adverse immigration consequences!

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