Prevention

Yes. The California Supreme Court has held that the Decoy Program is legal and not entrapment. The Decoy Program allows local law enforcement agencies to use persons under age 20 as decoys to buy alcoholic beverages from licensed premises. The decision to use the Decoy Program is up to each law enforcement agency.

Law enforcement agencies that choose to use the Decoy Program must follow these rules:

• The decoy must be under 20 years old;
• The decoy must appear under 21 years old;
• The decoy must carry his or her own I.D. showing the decoy’s correct date of birth or carry no I.D. A decoy who carries I.D. shall present it upon request to any seller of alcoholic beverages;
• The decoy must answer truthfully any questions about his or her age; and
• After the sale, the decoy must identify the seller, face to face.
• After completion of a decoy program the law enforcement agency must notify licensees of the results, whether or not the licensees violated the law.

(Rule 141, California Code of Regulations and Section 25658)

Yes. ABC employs investigators who are peace officers to enforce the penal provisions of the Act (Section 25755).
These officers are identified by a gold badge and by a plastic identification card, which bears the investigator’s picture and states “State Peace Officer.”

The age of majority for these purposes is 21 years of age (Section 22 of Article XX, California Constitution).

A minimum $1,000 fine and 24 hours of community service. If a person buys alcohol and furnishes it to a minor who consumes it and causes great bodily injury or death to himself or others, the furnisher faces a minimum 6-12 months in county jail and a $1,000 fine (Sections 25658(a), 25658(c) and 25658(e)(2)(3)).