California Business and Professions Code Section 23300, Unlawful Acts Regarding Alcohol

While the selling of alcoholic beverages can be a profitable business, as total revenue in the United States was approximately $284 billion in 2023 alone, it must be done legally. While this certainly may be a very lengthy and slow process, it must be followed, otherwise one will be subjected to criminal liability, as well as substantial fines and fees and even custody time. There are very specific rules in California when it comes to selling alcohol. In California, a business is not allowed to sell alcohol unless it has a proper liquor license. Specifically, it is a crime to sell any type of alcoholic beverages in California without a liquor license, pursuant to California Business and Professions Code section 23300. California Business and Professions Code Section 23300 can be charged as a felony or misdemeanor depending on the circumstances.

California Business and Professions Code section 23300 states that “No person shall exercise the privilege or perform any act which a licensee may exercise or perform under the authority of a licensee unless the person is authorized to do so by a license issued pursuant to this division.”

To be found guilty of California Business and Professions Code section 23300, the prosecution must prove, beyond a reasonable doubt, the following:

1. The defendant exercised the privileges or performed an act which a still licensee may exercise.
2. The defendant did not have a still license at the time of the offense.

California Business and Professions Code section 23300, Unlawful Acts Regarding Alcohol, does not require guilty knowledge or intent of the defendant(s). The prosecution need only show that the sale of alcohol without a valid license, to satisfy the elements of the crime. Even if the person or entity charged with the crime has a good faith belief that they can sell alcoholic beverages, such a good faith belief is not a legal defense. The possession of a valid license to sell alcohol is required.

If charged as a felony, California Business and Professions Code section 23300 can be punishable with a term of imprisonment of either 16 months, 2 years, or 3 years. If charged as a misdemeanor, California Business and Professions Code section 23300 can be punishable with a jail term not to exceed 180 days.

An allegation of California Business and Professions Code section 23300, unlawful acts regarding alcohol, is serious and could result in serious penalties and other consequences, which is why it is important to aggressively fight these allegations from as early on in the process as possible. If you, a family member, or their business has been charged with or is being investigated for unlawful acts regarding alcohol, or other alcohol related crimes in Los Angeles, Orange County, Riverside County, San Bernardino County, or Ventura County, it is imperative that you hire the best attorney that you can. As a former Deputy District Attorney with over 14 years of prosecutorial experience, Los Angeles Criminal Defense Attorney Michael Kraut knows how to effectively defend clients who have been accused of felony and misdemeanor offenses.

For more information about California Business and Professions Code section 23300 or other alcohol related crimes, and to schedule your free consultation, contact attorney Michael Kraut at the Kraut Criminal & DUI Lawyers located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at (888) 334-6344 or (323) 464-6453.