Is Bringing Alcohol to a Public School in California Illegal?

Anyone can easily imagine that the law prohibits the circulation of alcoholic beverages on the grounds of a school or any public educational institution. However, several questions can arise in connection with such circulation. Particularly whether it is legal if you take beer to a school football match, to the stadium of the school, but hide it in a thermos for coffee. It is unclear whether it’s lawful to bring beer to a college basketball match at a city stadium instead of the college’s stadium. Additionally, questions arise about the legality of serving alcohol during a charity dinner at a college. To find answers to such questions, let’s examine California Business Professional Code, section 25608.

Business and Professional Code section 25608 Ban on Bringing Alcoholic Beverages on Educational Institutions

Business and Professional Code section 25608 makes it a misdemeanor to possess, consume, or deliver alcohol at public schools. Therefore, bringing beer to a school football match, even in a thermos, is illegal. Several exceptions to the general rule allow the actions mentioned above on public school grounds or in a schoolhouse.

Exceptions to Business Professional Code 25608

The list of exceptions defined in the corresponding section of the California Business & Professional Code is quite many. However, we can try to divide them into some groups.

• The circulation of alcoholic beverages on public school grounds depends on the educational program.

Alcohol serves educational purposes in viticulture studies, enology studies, and similar programs.

• Exceptions, conditioned by the territory of the schoolhouse.

The law allows alcohol delivery during an event or ceremony on school grounds when no students are attending classes. Therefore, serving alcohol at a charity lunch for outside guests or consuming alcohol during a non-school football match at the school stadium is permitted by law.

Exceptions to Business Professional Code 25608 Outside of Educational Institutional Grounds

Another exception is possessing alcohol at events held outside the educational institution’s grounds. For example, if you attend a college basketball game at a city stadium, you can bring a bottle of beer without needing to hide it in a coffee thermos. Another exception involves school property leased to an organization not using it for educational purposes. In this case, the law permits individuals to possess and consume alcohol, and to engage in activities outlined in Section 25608, but only within that specific portion of the property.

What are the Penalties for a Misdemeanor Business Professional Code 25608?

In case one “possesses, consumes, sells, gives, delivers” alcohol in a public educational institution or on its grounds shall be punished by up to 6 months in a jail or a fine up to 1000$.

Defense to B&P 25608

Thus, we already understand that there are some exceptions from the law when alcoholic beverages are legal in the territory of the schoolhouse. If your situation falls under these exceptions, you won’t face punishment for committing a misdemeanor. Another defense is proving the search was unlawful, such as without a court order.

Consequences of Violating Business and Professions Code 25608

In California, Business and Professions Code Section 25608 prohibits the possession and consumption of alcohol on public school property. However, there are exceptions that are very important to consider when questions of legality arise. For example, alcohol may be used as part of an educational program. Such as:

• Viticulture
• Enology

This allows students to learn about wine culture and alcohol production for educational purposes. These programs are specifically designed to educate students and alcohol is used as part of the educational practices.

In addition, the law allows the circulation of alcohol on school premises. Only if the event is unrelated to academic activities. For example, charity luncheons and sporting events that are not held during school hours. This may include serving alcohol if there are no students at the event. This exception helps avoid conflicts between curricular and extracurricular events held in school buildings.

Penalties for Violation of Business and Professions Code 25608

Violation of this law may result in a misdemeanor charge. A person found guilty may be fined up to $1,000 or sentenced to up to six months in jail. Given the severity of the law, it is important to follow all established rules and safeguards to avoid unpleasant consequences.

Defense Against Code 25608 Charges

If you are facing charges under Business and Professions Code Section 25608, there are several defenses available. For example, if your conduct was related to an authorized activity, this may be grounds for an acquittal. The legality of the search may also be challenged if it was conducted without probable cause or a court order.

Another defense may be to prove that the alcohol was not intended for consumption in a public place, but was intended for private use at an event that did not violate school law.

Contact a Glendale Criminal Defense Attorney

In any case, you will need a professional lawyer to guide you in the process of creating a defense strategy and the KAASS LAW professional team is always ready to assist. If you or a loved one faces charges under Business and Professions Code 25608, contact (310) 943-1171 for a free consultation.