Legal Question in Business Law in California

Bringing a Baby In a Bar

Is it illegal to bring an infant child into an establishment that is solely for the consumption of alcohol?


Asked on 3/10/06, 12:56 am

4 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Bringing a Baby In a Bar

The applicable law is Business & Professions Code section 25665, which makes it a misdemeanor for the persons in charge of an on-sale premises such as a bar to allow anyone under the age of 21 years to enter and remain on the premises without lawful business there, and also makes the act of the minor in entering and remaining a misdemeanor.

Obviously, the baby would not be charged, since intent would be an element of the misdemeanor, and the baby could not be said to "intend" to enter and remain on the premises -- but the adult who brought the baby in could be charged, as could the bartender or manager.

The "lawful business" language would make it OK for a 20-year-old deliveryman to restock the supply room of the bar, or repair the plumbing, but no one under the age of 21 can come in and hang around.

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Answered on 3/10/06, 12:50 pm
Michael Olden Law Offices of Michael A. Olden

Re: Bringing a Baby In a Bar

it's not an odd sense of humor -- i think it points out common sense and realistic answer to this odd question. just spring for the baby sitter and make sure you have a designated diver available so you, and your baby, child or whatever are not maimed or killed in an auto accident which is possible -- the few bucks you pay for the babysitter means just 1 or 2 less dirnkes and a lifetime of mental therapy you will have to endure

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Answered on 3/12/06, 6:50 am
Gabriel Jack Muston & Jack P.C.

Re: Bringing a Baby In a Bar

I am not sure about that one, but please let me know when you find out. I was thinking about bringing my 3 and 1 year old into the strip club I frequent.

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Answered on 3/10/06, 1:08 am
Robert F. Cohen Law Office of Robert F. Cohen

Re: Bringing a Baby In a Bar

I searched but couldn't find a law. There might be an Alcohol and Beverage Control Commission regulation, however. By the way, I'm sure my colleague was exhibiting his odd sense of humor in his response.

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Answered on 3/10/06, 1:30 am


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