Penal Code § 303 PC – Loitering to Solicit the Purchase of Alcohol

California Penal Code § 303 PC makes it a crime to loiter in or around a bar or restaurant for the purpose of asking other patrons to buy you alcohol. This is a misdemeanor punishable by up to 6 months in jail.

The language of the code section states that:

303a. It shall be unlawful, in any place of business where alcoholic beverages are sold to be consumed upon the premises, for any person to loiter in or about said premises for the purpose of begging or soliciting any patron or customer of, or visitor in, such premises to purchase any alcoholic beverage for the one begging or soliciting. Violation of this section shall be a misdemeanor.

Examples

• a minor hanging out in a bar and asking customers to buy him a drink.
• a prostitute entering a hotel bar and asking a guy to buy her some wine in the hopes he will hire her.
• a person 18 years of age standing in a 21+ nightclub parking lot and asking customers to buy him shots.

Defenses

You can challenge accusations under this state law with a legal defense. A few common defenses include showing that you were:

• not loitering,
• not near a business subject to this criminal law, and/or
• stopped or arrested without probable cause.

Penalties

A violation of Penal Code Section 303 is a misdemeanor offense (as opposed to a felony). The crime is punishable by:

• custody in county jail for up to six months, and/or
• a maximum fine of $1,000.

Our California criminal defense attorneys will discuss the following in this article:

• 1. What is “loitering for the solicitation of alcohol”?
• 2. Are there best defenses to PC 303a charges?
  • 2.1 No loitering
  • 2.2 Not near a subject business
  • 2.3 No probable cause
• 3. What are the penalties?
• 4. Are there related offenses?

1. What is “loitering for the solicitation of alcohol”?

A prosecutor must prove the following to convict you under this statute successfully:

1. you were loitering,
2. you were doing so in any place of business where alcoholic beverages are sold to be consumed upon the premises, and
3. you were loitering with the purpose of begging or soliciting any patron or customer to purchase an alcoholic beverage for you.¹

For purposes of this code section, “loitering” means for you to remain in a certain place even though you have no lawful reason to be there.²

2. Are there best defenses to PC 303a charges?

Here at Shouse Law Group, we draw upon several legal strategies to help you contest charges under this statute. Three common strategies that we use in these cases are showing that:

1. you were not loitering.
2. you were not near an establishment subject to this law.
3. law enforcement stopped or arrested you without probable cause.

2.1. No loitering

Recall that you are only guilty under this statute if you were loitering in or near a certain business establishment. Further, “loitering” has a precise legal definition. This means you can always challenge a charge by showing that you were not loitering. Perhaps, for example, you had a valid reason to be near a business subject to this law.

2.2. Not near a subject business

PC 303a only applies to businesses that sell alcohol for people to consume on their premises. It does not apply to establishments like liquor stores or convenience stores that sell alcohol for people to take elsewhere. Therefore, a defense is that you were not loitering near a business subject to this law.

2.3. No probable cause

The Fourth Amendment to the U.S. Constitution says that police must have probable cause before they can detain or arrest you for a crime. This means you can always assert the defense that a police officer/peace officer stopped or arrested you without a reasonable belief that you committed a crime.

3. What are the penalties?

A violation of this section is a misdemeanor.³

The crime is punishable by:

• custody in jail for up to six months, and/or
• a maximum fine of one thousand dollars.⁴

Note that a judge has the discretion to award you with misdemeanor (or summary) probation, in lieu of jail time, for this criminal offense.

4. Are there related offenses?

There are three crimes related to loitering for the solicitation of alcohol. These are:

1. contributing to the delinquency of a minor – PC 272,
2. minor in possession – BPC 25662, and/or
3. furnishing or selling alcohol to a minor – BPC 25658.

Contributing to the delinquency of a minor – PC 272

Per Penal Code 272, contributing to the delinquency of a minor is the crime where you act or fail to act in a way that causes a minor to:

• engage in illegal or delinquent behavior,
• become a habitual truant, or
• become a dependent of the juvenile court system.

An example is an adult providing a minor with a controlled substance.

Note that if you provide a minor, who is violating PC 303a, with an alcoholic beverage, then you could be charged under PC 272.

Minor in possession – BPC 25662

Per Business and Professions Code 25662, minor in possession is the crime where minors possess alcohol in a public place (including a park or public building).

“Possess” means to have alcohol on your personal property or within your immediate control.

A minor cannot be charged with this law if they possess alcohol on private property.

Note that if a minor successfully solicits alcohol, in violation of PC 303a, a prosecutor can charge them with both:

• minor in possession, and
• loitering to solicit the purchase of alcohol.

Furnishing or selling alcohol to a minor – BPC 25658

Under Business and Professions Code 25658, furnishing or selling alcohol to a minor is the crime where you sell or furnish alcohol to a minor (someone under the state legal drinking age of 21).

As with a violation of PC 303a, a violation of this statute is a misdemeanor offense. Penalties can include jail time and/or community service.

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