minors and licensed premises

[jay.t]

What is the name of your state (only U.S. law)? ca

i don't know if this is the right place for this question but it's about juveniles and the law so it might work.
I've been looking for info on minors in licensed premises in terms of a band. What's the deal with that? Can people under 18 play in a licensed premises? Is there any difference btwn if there's payment or no payment? Is there any difference whether parents are present or not?

...and, ummm...do any of those answers change if one of the ppl in the band, yeap me, is on probation for a few more months for some stuff that included mip?

thanks
jay

 

[cyjeff]

I imagine that the laws is going to impact you far less than the conditions of your probation.

Remember that part about staying away from alcohol?

 

[CdwJava]

If the conditions of probation prohibit being near alcohol, well, that answers that question.

As for performers being 18 or under, that depends on the license type of the premises. Are we talking about a bar? A restaurant?

In general, under 18 will not be permitted. 18 and over, maybe ....

25663. (a) Except as provided in subdivision (c), no licensee that
sells or serves alcoholic beverages for consumption on the premises
shall employ any person under 21 years of age for the purpose of
preparing or serving alcoholic beverages. Every person who employs or
uses the services of any person under the age of 21 years in or on
that portion of any premises, during business hours, which are
primarily designed and used for the sale and service of alcoholic
beverages for consumption on the premises is guilty of a misdemeanor.
(b) Any off-sale licensee who employs or uses the services of any
person under the age of 18 years for the sale of alcoholic beverages
shall be subject to suspension or revocation of his or her license,
except that a person under the age of 18 years may be employed or
used for those purposes if that person is under the continuous
supervision of a person 21 years of age or older.
(c) Any person between 18 and 21 years of age employed in any bona
fide public eating place, as defined in Sections 23038 and 23038.1,
which is licensed for the on-sale of alcoholic beverages, may serve
alcoholic beverages to consumers only under the following
circumstances: such service occurs in an area primarily designed and
used for the sale and service of food for consumption on the
premises; and the primary duties of the employee shall be the service
of meals to guests, with the service of alcoholic beverages being
incidental to such duties. For purposes of this subdivision, "serve"
or "service" includes the delivery, presentation, opening, or pouring
of an alcoholic beverage.

25663.5. 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.​

 

[jay.t]

the probation uses the words may not posess, purchase and another one....oh, consume...duh...

Does that posess thing include being in a premises that sells alcohol? the probation doesn't specifically say i can't be somewhere where alcohol is present. I know there's that thing, what's it called, is it constructive possession? Where you could of had posession if you wanted even though you didn't right then...or whateva.....that was part of my mip thing...

We are talking about a couple of places that are straight up bars and a couple of places which are more cafe kind of relaxed places that are also licensed and sell alcohol. The cafe type places are sometimes 18+ after a certain time for customers.

Thanks, the 25663.5 stuff was the kind of thing I was looking for. We have no exposure of private parts or buttocks, and no female breasts. Maybe some man boobs but they appear to be ok under ca law.
.....what's that about? I feel like they could of done with 2 paragraphs there....