Senin, 02 Maret 2009

The Risks of Serving Alcohol to a Minor in a California Hotel Or Restaurant

By R. Sebastian Gibson

Every restaurant and hotel in California is warned repeatedly by the Alcoholic Beverage Control Department (still known by many as the ABC Board) in California, by food and wine attorneys, and by hotel and restaurant lawyers how dangerous it is to their reputation, income and liability to serve alcohol or liquor to a minor. The knowledge of this danger has recently been enforced in the minds of hotel and restaurant owners in the Coachella Valley cities of Palm Springs, Palm Desert, Rancho Mirage, La Quinta, Indio, Coachella and Cathedral City.

But the lesson learned in the Coachella Valley holds true also for restaurants and hotels in Long Beach, San Diego, Orange County, Santa Ana, Anaheim, Irvine, Huntington Beach, orange, Costa Mesa, Carlsbad, Santa Monica, Newport Beach, Buena Park, the Inland Empire area of Rancho Cucamonga, Riverside, and Temecula and up the coast to Ventura, Oxnard, Santa Barbara and San Luis Obispo as well.

In August two restaurants in the Coachella Valley, one in Rancho Mirage and another in La Quinta had their liquor licenses suspended for 30 days after serving alcoholic beverages to minors. Both restaurants chose to shut down and use the time for remodeling.

It's bad enough if the Alcohol and Beverage Control Board catches a restaurant serving alcohol to a minor, but what is unusual in these two cases is how the restaurants were caught and sad what happened to the minors.

In the case of the Rancho Mirage restaurant, the minor died in a car accident. In the La Quinta incident, the minor jumped to his death from a pickup truck.

It gets even worse. In the Rancho Mirage restaurant case, the minor was riding in a car with a friend who had also been drinking but who was not a minor. Both died when their vehicle hit a curb and rolled over. Both had been drinking at the restaurant. The older of the two had a blood alcohol reading of 0.23. The minor had a blood alcohol reading of 0.12. The legal limit in California is 0.08.

In the La Quinta restaurant incident, the 19 year-old minor had dinner with his girlfriend, with the twenty-two year-old male driver of the vehicle, the driver's wife and their two year-old child.

At some point, it was reported, the driver of the pickup truck struck his wife. The minor then threatened to jump from the vehicle if the driver continued to fight with his wife. The minor kept his promise while the truck was driving between 30 to 40 miles per hour.

The La Quinta restaurant was also hit with a two year probation, which if violated, could lead to the revocation of their liquor license.

This litany of events does not even consider what number of civil lawsuits may be filed as a result of these two incidents, the grief of the families of those who died, or the losses the two restaurants can expect to incur as a result of the inattention of their employees.

When a restaurant or hotel serves an adult, in California there is generally no responsibility if that adult is later involved in a drunk driving accident. There are no actions taken by the California Department of Alcoholic Beverage Control. Not so when the restaurant or hotel serves alcohol to an intoxicated minor. Then all bets are off.

Sebastian Gibson graduated cum laude at UCLA in 1972 and received two law degrees in the U.S. and the U.K., graduating with an LL.B. magna cum laude from University College, Cardiff in Wales and a J.D. from the University of San Diego School of Law in Southern California.

The Sebastian Gibson Law Firm serves all of San Diego, Orange County, Palm Springs and Palm Desert, the Coastal Cities from La Jolla and Del Mar to Laguna Beach, Newport Beach, Irvine, Santa Ana and Irvine and up to Ventura, Santa Barbara and San Luis Obispo. We also serve the Inland Empire cities of Ontario, Rancho Cucamonga, Temecula, Riverside and San Bernardino and all the cities in the Coachella Valley

If you have a hotel & restaurant, agricultural, or food and wine or a department of alcoholic beverage control board legal matter of any kind, we invite you to visit our website by clicking on one of these two links. We have the knowledge and resources to represent you as your San Diego Hotel & Restaurant Attorney and Orange County Hotel & Restaurant Lawyer in the Coachella Valley, Los Angeles, the Central Coast, Ontario, Rancho Cucamonga, San Diego, Orange County, Palm Springs, Palm Desert, Long Beach, Santa Ana, Anaheim, Riverside, Rancho Mirage, Indian Wells, Chula Vista, Irvine, San Bernardino, Huntington Beach, Fontana, Moreno Valley, Oceanside, Garden Grove, Palmdale, Corona, Escondido, Orange, Fullerton, Costa Mesa, Victorville, Carlsbad, Temecula, Murrieta, Mission Viejo, El Cajon, Vista, Westminster, Santa Monica, Santa Barbara, Venice, Hollywood, Hesperia, Corona del Mar, Laguna Beach, Dana Point, Costa Mesa, Newport Beach, Buena Park, Indio, Coachella, Newport Coast and Crystal Cove.

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