Legal Question in Consumer Law in California

My daughter, who will be 23 tomorrow, was in WinCo with her 19 y/o girlfriend (domestic partnership), picking up a few groceries this evening. Because it is her birthday tomorrow, she threw in a six pack of beer. At the counter, the clerk asked to see both of their IDs. When her girfriends ID stated she was 19, the clerk refused the sale. My daughter asked to speak to the manager and he replied, "I cannot sell to you because there's a California law that states we must not permit the sale if there's a reasonable suspicion that you will furnish the minor with the alcohol." When my daughter protested, the manager called someone else. The 3rd party asked what was in the cart, and the manager replied "A few items and alcohol." Then the 3rd party told him not to sell. The fact was, my daughter's cart had over 25 items in addition to the alcohol. So my daughter asked him the factors were that led to their "reasonable suspicion" that she would furnish to her girlfriend, he did not have an answer. When my daughter asked if she could return alone to buy it, they told her when her girlfriend turned 21 and could show proof, she would be allowed to purchase again. My daughter is a full-time pre-med student and Humboldt State and works two jobs at the University. Her girlfriend is a nursing student, is employed, but looks as if she is 13-14 years old. They had just gotten off work/school and were doing a few days worth of shopping, so a reasonable person should not infer they were off to have a raging party. I am being detailed just for the sake of being thorough. I understand that the establishment has the right to refuse service. I also understand that deterring under-age drinking is appropriate. My question however is if there is an actual California law since I am unable to locate one. Thanks!


Asked on 4/08/10, 8:38 pm

1 Answer from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

The reason for all this is that the state legislature has made selling to minors a Really Big Crime when it ought to be a $10 fine. Sorry this happened to you.

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Answered on 4/13/10, 10:22 pm


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