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B & P Code 25658.5.Attempt To Purchase By Minor
B & P Code 25660.Documentary Evidence of Age
B & P Code 25659.Right to Refuse Service to MinorsFor the purpose of preventing the violation of Section 25658, any licensee, or his or her agent or employee, may refuse to sell or serve alcoholic beverages to any person who is unable to produce adequate written evidence that he or she is over the age of 21 years. A licensee, or his or her agent or employee, may seize any identification presented by a person that shows the person to be under the age of 21 years or that is false, so long as a receipt is given to the person from whom the identification is seized and the seized identification is given within 24 hours of seizure to the local law enforcement agency that has jurisdiction over the licensed premises. A licensee, his or her agent or employees, decision to not seize a license shall not create any civil or criminal liability. B & P Code 25663. Employment of Minors
B & P Code 25663.5.Minor Musicians (On-Sale Only)Notwithstanding Section 25663 or any other provision of law, persons 18 to 21 years of age may be employed as musicians, for entertainment purposes only, during business hours on premises which are primarily designed and used for the sale and service of alcoholic beverages for consumption on the premises, if live acts, demonstrations, or exhibitions which involve the exposure of the private parts or buttocks of any participant or the breasts of any female participant are not allowed on such premises. However, the area of such employment shall be limited to a portion of the premises that is restricted to the use exclusively of musicians or entertainers in the performance of their functions, and no alcoholic beverages shall be sold, served, consumed, or taken into that area. B & P Code 25665.Minors in Public Premises(On-Sale Only)Any licensee under an on-sale license issued for public premises, as defined in Section 23039, who permits a person under the age of 21 years to enter and remain in the licensed premises without lawful business therein is guilty of a misdemeanor. Any person under the age of 21 years who enters and remains in the licensed public premises without lawful business therein is guilty of a misdemeanor and shall be punished by a fine of not less than two hundred dollars ($200), no part of which shall be suspended. CCR Rule 107. Retailers Required To Post Warning NoticeThe licensee of each premises licensed with an on-sale license for public premises shall maintain a clearly legible permanent sign, not less than 7" x 11" in size reading, “No Person Under 21 Allowed” at or near each public entrance thereto in such a manner that such sign shall be visible from the exterior of each public entrance. The lettering of such sign shall be no less than one inch in height. A sign of like size and content shall be maintained at a prominent place in the interior of the premises.
Additional information may be obtained by contacting: Alcoholic Beverage Control3927 Lennane Drive, Suite 100 Sacramento, CA 95834
You are breaking the law anywhere in Australia if you drink and drive with a blood alcohol concentration over 0.05. Public drunkenness in VictoriaUnder Victoria’s Summary Offences Act , there are a few ways you can get in trouble with the law while drinking alcohol in a public place. If you’re drunk in a public , there are 3 offences you can be arrested and charged with. Police may also place you in custody until you are sober. If you’re convicted of one of these offences, the following penalties apply: These are:
A penalty unit is how a fine is calculated. The amount of one penalty unit is indexed and increases each year on 1 July. Currently, one penalty unit is over $180. Victoria Legal Aid has more information about current penalty unit . However, this offense is set to be decriminalised in Victoria in . Under the Liquor Control Reform Act , certain areas shown to have a greater tendency for alcohol related violence and antisocial behaviour can be classified as ‘designated ’. This determination is made by the Victorian Liquor Commission in consultation with the Chief Commissioner of Police. Once an area has been ‘designated’ Victoria Police has the power to ban people from that area for up to 72 hours for various offences (including drunkenness, physical assault, destroying or damaging property and failure to leave licensed premises. Repeat offenders can be banned for up to 12 months. Barring problem customers from licensed premisesThere are 3 ways problem customers can be barred or banned from licensed premises:
Barring ordersWhen someone is served with a Barring Order, they must leave the venue and its vicinity (the area within 20 metres of the venue). They cannot return until the Barring Order expires. If you do not comply with the requirements of a Barring Order, police may issue an on-the-spot fine. Barring can be for up to 1 month (for a first order). If you’ve been barred more than once, you can be barred for up to 6 months. Victoria’s laws for underage drinkingThe legal drinking age in Victoria is 18. If you’re under 18, there are several ways you can get in trouble with the law if you buy or drink alcohol. Buying alcoholIf you’re under 18, you’re not allowed to buy alcohol, even if you’re buying it for an adult (someone over the age of 18). If you’re under 18 and you ask someone over 18 to buy alcohol for you they can get fined. Secondary supply is completely prohibited in a licensed venue. In a private residence, alcohol can be supplied by a parent or guardian of the minor, or by a responsible adult who has explicit permission from the parent or guardian. These laws and penalties also apply to online alcohol orders and deliveries. Places that are licenced to supply alcohol and delivery companies need to check identification (IDs) and make sure they do not give alcohol to anyone who is already intoxicated. Going to a pub, bar or other licensed premisesIf you are under 18, you are not allowed to be in a licensed place (such as a bar or pub) where alcohol is served unless you are:
You, the person who is serving you, and the owner of the licensed place, can be fined if you’re caught and do not satisfy one or more of the above categories. A liquor licensee can receive hefty fines (in the thousands) for selling alcohol to a minor (anyone under 18). Proof of ageYou may be asked for proof of age in a licensed place or when ordering alcohol online. People selling alcohol in licensed places can be fined if they serve alcohol to someone who is under the legal drinking age (under 18). It’s an offence to give a false name and address, or to refuse to show proof of age, and you can be fined. A driver’s licence is the best proof of , but if you don’t have one, you can get a proof of age which is recognised across Australia. Application forms are available at some VicRoads and Australia Post offices and the Victorian Liquor Commission. Underage drinking in private homesThe Liquor Control Reform Act requires adults supplying alcohol to anyone under 18 in their home to demonstrate responsible supervision of the supply of liquor. The following laws apply:
If you are organising a party or social event for anyone under 18 you need to get written consent from their parents or guardians. Authorities consider certain factors to determine whether responsible supervision has been demonstrated. This includes:
Penalties for underage drinkingPenalties are in place to help minimise the risks of drinking for anyone under 18. One penalty unit is nearly $190 – the maximum is 60 penalty units. The following penalties apply in Victoria:
Victoria’s liquor licensing lawsEvery state and territory has liquor licensing laws. Liquor licences regulate:
In Victoria, the Liquor Control Reform Act 1998 controls the sale and supply of alcohol. One of its objectives is to minimise alcohol-related harm. The administers Victoria’s liquor licensing . It’s an independent statutory authority responsible for:
Generally, anyone who intends to sell or provide liquor in Victoria must have a liquor licence from the VLC. However, there are a number of exemptions for smaller businesses whose primary service is not liquor-related. People in the community have the right to object to an application for a liquor licence. More information is available from the Alcohol and Drug Foundation's community . Breaches of a liquor licence carry . Drink driving laws in VictoriaAlcohol is a major factor in road deaths in Victoria. According to the Transport Accident around 1 in 5 drivers and riders killed each year in Victoria had a blood alcohol concentration (BAC) over the legal limit of 0.05. Blood alcohol concentration (BAC) limitThe legal blood alcohol concentration (BAC) limit for fully licensed drivers in Victoria, and all other states and territories, is 0.05. In Victoria, you must have a zero (0.00) BAC if you are:
Factors that influence blood alcohol concentration (BAC)The only way to accurately measure your BAC is by using a fully calibrated testing machine. A lot of factors can influence your BAC. These include:
As everyone’s BAC can be different, the only way to be sure is to not drink alcohol if you are going to drive. Breath testingVictoria carries out extensive roadside breath , screening millions of drivers for the presence of alcohol each year. The procedure is straightforward. The driver is instructed to blow into a hand-held device until deep lung air is exhaled. The BAC reading is given on the digital display. Refusing a breath test is a serious offence with severe penalties. A driver who does not cooperate is likely to be fined and disqualified from driving. Drink driving penalties in VictoriaIn Victoria, the penalties for drink driving depend on factors such as:
If you are convicted of drink driving in you may: It is also an offence to drink alcohol while driving a car, or while sitting beside someone who is learning to drive, even if there is no alcohol detected in the driver's blood or breath. Significant penalties also apply in Victoria to drivers who are caught driving with a combination of illicit in their system and a blood or BAC reading over the legal limit. Where to get help
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This page has been produced in consultation with and approved by:
This page has been produced in consultation with and approved by:
Content on this website is provided for information purposes only. Information about a therapy, service, product or treatment does not in any way endorse or support such therapy, service, product or treatment and is not intended to replace advice from your doctor or other registered health professional. The information and materials contained on this website are not intended to constitute a comprehensive guide concerning all aspects of the therapy, product or treatment described on the website. All users are urged to always seek advice from a registered health care professional for diagnosis and answers to their medical questions and to ascertain whether the particular therapy, service, product or treatment described on the website is suitable in their circumstances. The State of Victoria and the Department of Health shall not bear any liability for reliance by any user on the materials contained on this website. |