Can You Decline a Liquor Sale to an Adult Who is Present With a Minor

My question involves criminal law for the state of:
If a sibling relationship is trying to buy alcohol where the brother is 22 and the sister is 12-15, do i deny the sale or is it okay.

how do you know that the brother is purchasing the alcohol for the sister?

If the purchaser presents a valid ID that they are 21 or older, you can sell them what they want. What the purchaser does with the product after that is not your responsibility. If the purchaser is providing alcohol to minors and you know that for a fact, you could alert law enforcement. But the sale would be legal.

Sorry Budwad, but in all the states I am familiar with that is not correct. If you know or suspect the person is buying for a minor, you are duty bound not to sell it to them. Two wrongs do not make a right.

However, you are not obligated to serve or sell to anyone. If you have reason to believe that an adult is purchasing alcohol for a minor, you are not violating any laws (if that is your concern) by denying the sale.

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Quoting budwad

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If the purchaser presents a valid ID that they are 21 or older, you can sell them what they want. What the purchaser does with the product after that is not your responsibility. If the purchaser is providing alcohol to minors and you know that for a fact, you could alert law enforcement. But the sale would be legal.

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The state of occurrence is important. This is not necessarily true in all of them. In mine, depending on the facts, you might be subject to citation/arrest, and many employers might terminate you.

I don't find anything in CA law that says a licensed retailer is liable if selling to someone over the age of 21. It is the person that provides alcohol to the minor or permits them to consume on the premises that is liable.

The question was:

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If a sibling relationship is trying to buy alcohol where the brother is 22 and the sister is 12-15, do i deny the sale or is it okay.

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The seller is not in violation if they sell to someone that is over the age of 21. It is the brother that is violating the law by providing or facilitating the consumption by a minor.

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Sorry Budwad, but in all the states I am familiar with that is not correct. If you know or suspect the person is buying for a minor, you are duty bound not to sell it to them. Two wrongs do not make a right.

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Duty bound how? How do you know if someone is buying for a minor? If I walk into a liquor store with my younger brother, how do you know if I am buying for myself or my younger brother?

We are speaking of the law here not moral responsibility.

This is the issue: The question was whether selling to someone whom you know was going to pass it along to a minor was legal. If the seller knows or reasonably should have known that the alcohol was to be passed from the adult to the minor can be charged with B&P 25658(a) in my state. Yes, they DO get charged and convicted.

Now, HOW a clerk might know that an adult of legal age is planning to pass the booze on to a minor is another question. Sometimes it is because the parties are stupid and are seen huddled in conversation outside (i.e. shouldertapping) or blatantly talking about it inside the business. Who knows? But, I have firsthand experience with arrests and convictions on offenses similar to this so I know it can and does happen.

And it is standard practice for many license holders out here to prohibit their clerks from selling alcohol to anyone in the company of underage children. Just three weeks ago my wife was denied a sale at Wal-Mart because she accompanied by our 18 year old son. Silly since the clerk knew both of us and what I did for the city, but, that was their policy. Even when my wife asked if she could send my son away, they said they could not make the sale because they knew he was in my company. This is the standard in training these days for licensees out here.

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Quoting readytoleave

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how do you know that the brother is purchasing the alcohol for the sister?

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I dont know its for her but im just saying they were together

I found the username somewhat appropriate. If anybody didn't catch it, the movie is SuperBad.
I feel we're being trolled.