# Drinking in california



## chelseyleigh

Hi Guys 
I was wondering if someone could clear up the drinking laws for me, i will be 20 when we go and when trying to look up the laws all its saying is drinking is prohibited with exceptions? what are those exceptions? will i be able to drink with my parents? is it only for certain drinks? id love to be able to enjoy a cocktail with dinner and my parents but will that be possible?
thanks a lot!!


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## ludari

chelseyleigh said:


> Hi Guys
> I was wondering if someone could clear up the drinking laws for me, i will be 20 when we go and when trying to look up the laws all its saying is drinking is prohibited with exceptions? what are those exceptions? will i be able to drink with my parents? is it only for certain drinks? id love to be able to enjoy a cocktail with dinner and my parents but will that be possible?
> thanks a lot!!



As far as I am aware they are no exceptions.  You have to be 21 to drink in a public establishment.


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## pixiewings71

There are no exceptions to drink in public, you will not be able to drink in CA at the age of 20.


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## wnissen

Yes, it is fantastically stupid but you wouldn't be able to do it. Almost any place that is licensed will be paranoid about it, they almost certainly would squawk even if someone of age ordered the drink and then slid it across the table to you. It might be technically legal in California for a parent to give alcohol to a child, but that doesn't matter because servers can and will refuse service for any reason. They can be fined personally for serving underage people, and few of them are foolish enough to take that risk. It will just be awkward for you, your parents, and the server. There are no exceptions for low-alcohol beer, nothing. Sorry. However, please feel free to purchase a rifle while you are here.


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## spellhex

There is no drinking allowed in the US for those under 21. The only exception is for active duty US military personnel on military bases. Many Americans do break this law, but only within the confines of private residences - you won't be able to order any alcoholic beverages at restaurants or bars.


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## ben1993

wnissen said:
			
		

> Yes, it is fantastically stupid but you wouldn't be able to do it. Almost any place that is licensed will be paranoid about it, they almost certainly would squawk even if someone of age ordered the drink and then slid it across the table to you. It might be technically legal in California for a parent to give alcohol to a child, but that doesn't matter because servers can and will refuse service for any reason. They can be fined personally for serving underage people, and few of them are foolish enough to take that risk. It will just be awkward for you, your parents, and the server. There are no exceptions for low-alcohol beer, nothing. Sorry. *However, please feel free to purchase a rifle while you are here.*



Lmao! I just love this part in bold.

The US does seem to be extremely strict on alcohol laws, as a European it makes me feel so sorry for those 18 - 20 year olds who can't go clubbing and enjoy a drink!


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## spellhex

ben1993 said:


> The US does seem to be extremely strict on alcohol laws, as a European it makes me feel so sorry for those 18 - 20 year olds who can't go clubbing and enjoy a drink!



In the US, college parties (most notably frat parties) tend to overcompensate for the illegality of alcohol by providing mostly free all-you-can-drink open bars. Believe me, the 18-20 year olds who are in college are not missing out on drinking alcohol.


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## Lolsmum

I have seen one exception to this law, excluding the military one. It's likely not an exception you're willing to try though. When my husband and I got married in California he was only 20. No one batted an eye at him drinking at our reception or later on in the same hotel. It's an extreme length to go to for a drink though.


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## figment_jii

wnissen said:
			
		

> It might be technically legal in California for a parent to give alcohol to a child, but that doesn't matter because servers can and will refuse service for any reason.



I don't think even a parent can serve alcohol to someone under 21.



> 25658.  (a) Except as otherwise provided in subdivision (c), every
> person who sells, furnishes, gives, or causes to be sold, furnished,
> or given away any alcoholic beverage to any person under 21 years of
> age is guilty of a misdemeanor.



http://www.leginfo.ca.gov/cgi-bin/displaycode?section=bpc&group=25001-26000&file=25657-25667

Essentially, as the PPs have noted, if you are under 21 you are not allowed to drink any alcoholic beverages in California.  As others have noted, places will often card folks until they look well beyond middle age, especially if you're near a college campus.


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## Peri

> > >


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## Minuet888

figment_jii said:


> I don't think even a parent can serve alcohol to someone under 21.
> 
> 
> 
> http://www.leginfo.ca.gov/cgi-bin/displaycode?section=bpc&group=25001-26000&file=25657-25667
> 
> Essentially, as the PPs have noted, if you are under 21 you are not allowed to drink any alcoholic beverages in California.  As others have noted, places will often card folks until they look well beyond middle age, especially if you're near a college campus.



THats correct it is a felony, contributing to the deliquency of a minor and providing alcohol to a minor two felonies.  WHen you hear about those parties that parents knew were going on at their house and underage drinking was going on, parents are responsible


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## Albort

Has anyone heard of a rule where you have to be 21+ 1 day to be able to drink?


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## BryANDJessMom

No..you will be able to drink legally on your 21st birthday...


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## StageTek

Albort said:


> Has anyone heard of a rule where you have to be 21+ 1 day to be able to drink?


Nope.

At midnight on your 21st birthday you can walk into a bar and buy a drink. At 11:59 on the day before your birthday you cannot.


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## Feej

Spare a thought for my daughter, traveling with us to the US in Oct, who turned 18 in May and can now drink legally in Australia. She was very disappointed to learn that she has to be 21 to drink legally in the US.


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## Lucille1963

I believe that you could have a drink in Wisconsin or Texas in a bar if you are with your parents.  Unfortunately, neither of those states are near California.


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## Danibelle

Lucille1963 said:


> I believe that you could have a drink in Wisconsin or Texas in a bar if you are with your parents.  Unfortunately, neither of those states are near California.



No drinking in the US under the age of 21 has been the law since 1984.  Some states do let minors drink at home but I don't think California is one of those.


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## k3chantal

chelseyleigh said:


> Hi Guys
> I was wondering if someone could clear up the drinking laws for me, i will be 20 when we go and when trying to look up the laws all its saying is drinking is prohibited with exceptions? what are those exceptions? will i be able to drink with my parents? is it only for certain drinks? id love to be able to enjoy a cocktail with dinner and my parents but will that be possible?
> thanks a lot!!



You must be 21 one to consume alcohol in California.  And, if you order a drink you most likely will be carded.  No exceptions that I can think of and I have lived in California all my life.


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## Minuet888

Lucille1963 said:


> I believe that you could have a drink in Wisconsin or Texas in a bar if you are with your parents.  Unfortunately, neither of those states are near California.



uh no, the 21 drinking age is not a state law it is a federal law and is the same for all 50 states in the US!!


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## Lucille1963

I'm not terribly familiar with Texas, but I am near Wisconsin.....




Danibelle said:


> No drinking in the US under the age of 21 has been the law since 1984.  Some states do let minors drink at home but I don't think California is one of those.


Drinking age didn't change to 21 in Wisconsin until 1986, but didn't have a truly uniform age until 88. http://onmilwaukee.com/bars/articles/drinkingage022308.html?viewall=1



Minuet888 said:


> uh no, the 21 drinking age is not a state law it is a federal law and is the same for all 50 states in the US!!




A quote and a link from the Wisconsin Department of Revenue website: 
Can children be in a bar with their parents?
Yes. Persons under age 21 may be on licensed premises, and can be sold and allowed to drink alcohol beverages, if they are with their parents, guardians, or spouses, as long as those persons are of legal drinking age; but this is at the discretion of the licensee.

http://www.dor.state.wi.us/faqs/ise/atundrg.html#undrg2


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## Lucille1963

Here is the link to the Texas law on the Texas Alcoholic Beverage Commission site, Sec. 106.04(b) http://www.tabc.state.tx.us/laws/alcoholic_beverage_Code_referencing_minors.asp


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## suzannen

Minuet888 said:


> uh no, the 21 drinking age is not a state law it is a federal law and is the same for all 50 states in the US!!



That's actually a misconception - there are 40 States that Allow Underage Consumption under circumstances. I know NY is one of 11 states that a bar or restaurant is allowed to serve a minor if the guardian is present; waiters always ask my DH & I if they should put down a wine or champagne glass for our 18 year old. (And, she can legally drink almost every where else in the world).

Here is a breakdown by state.
http://drinkingage.procon.org/view.resource.php?resourceID=002591#H


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## BlueBayou

Danibelle said:


> No drinking in the US under the age of 21 has been the law since 1984.  Some states do let minors drink at home but I don't think California is one of those.


 Not sure what Texas law is now - (I was in HS when it changed to 21). But you could legally drink at a restaurant/bar (we lived in a county where you and to be a member of the restaurant's "club" in order to purchase an adult beverage) in the late 80s if your parent handed you the drink.

One time when we were in our small town mexican food restaurant I tried to order a margarita when I was over 21 but did not have an ID with me (and I looked extremely young for my age). The server asked if they were my parents - and they said yes. The waitress said that they had to order the drink and hand it to me. I asked my mom, who volunteered at the police department, about the strange law and she explained it. I guess it was routed in personal freedom - as a parent you have the right to determine what is right for your kids.

But this never applied to supplying alcohol to anyone other than your own children (Parents still very legally responsible for supplying booze for HS keg parties etc).

But like I said this was in the mid-to-late 80s and Texas may no longer allow parent to had drinks to their kids.


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## StageTek

Lucille1963 said:


> Persons under age 21 may be on licensed premises, and can be sold and allowed to drink alcohol beverages, if they are with their parents, guardians, or spouses, as long as those persons are of legal drinking age; but this is at the discretion of the licensee.


That's fascinating. So legally a parent could bring their 10 year old to a bar in Wisconsin and buy her a beer. A sports team of 12 to 14 year olds could head to a bar after a game as long as each child had their parent there in the bar with them.


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## Lucille1963

StageTek said:
			
		

> That's fascinating. So legally a parent could bring their 10 year old to a bar in Wisconsin and buy her a beer. A sports team of 12 to 14 year olds could head to a bar after a game as long as each child had their parent there in the bar with them.



You can read the text at the Wisconsin Department of Revenue site that I quoted above. It also allows the holder of the liquor license to serve the accompanied minor at their discretion.  So I highly doubt either of your scenarios would happen.


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## StageTek

Lucille1963 said:


> You can read the text at the Wisconsin Department of Revenue site that I quoted above. It also allows the holder of the liquor license to serve the accompanied minor at their discretion.  So I highly doubt either of your scenarios would happen.


I did read the text. Thanks you for the link - it was very interesting.

I understand that either scenario is unlikely to happen - what I found interesting is that legally a parent could buy a ten year old a beer in a bar. And that legally a group of parents could take their Little League team to a bar for beers after a game. It's interesting to me that in Wisconsin there is legally no "drinking age" - only the age when a person can legally buy a drink without a parent being present. That's different than where I live and I found it interesting.

And in NYC an adult cannot buy a 32 ounce soda....


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## bcla

Minuet888 said:


> uh no, the 21 drinking age is not a state law it is a federal law and is the same for all 50 states in the US!!



Drinking age is established by state law.  However, there is a federal law that will penalize a state with 10% loss of federal highway funding if they don't have a drinking age of at least 21.  The last state to raise the age to 21 did so in 1988.  A few territories still have it at 18 even though it means a loss of federal highway funding.

http://en.wikipedia.org/wiki/National_Minimum_Drinking_Age_Act



> http://epw.senate.gov/title23.pdf
> 
> § 158. National minimum drinking age
> (a) WITHHOLDING OF FUNDS FOR NONCOMPLIANCE.
> (1) IN GENERAL.The Secretary shall withhold 10 per centum
> of the amount required to be apportioned to any State
> under each of sections 104(b)(1), 104(b)(3), and 104(b)(4) of this
> title on the first day of each fiscal year after the second fiscal
> year beginning after September 30, 1985, in which the purchase
> or public possession in such State of any alcoholic beverage
> by a person who is less than twenty-one years of age is
> lawful.


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## Lucille1963

StageTek said:


> I did read the text. Thanks you for the link - it was very interesting.
> 
> I understand that either scenario is unlikely to happen - what I found interesting is that legally a parent could buy a ten year old a beer in a bar. And that legally a group of parents could take their Little League team to a bar for beers after a game. It's interesting to me that in Wisconsin there is legally no "drinking age" - only the age when a person can legally buy a drink without a parent being present. That's different than where I live and I found it interesting.
> 
> And in NYC an adult cannot buy a 32 ounce soda....



My very limited real life experience comes from working at a place not far from Wisconsin, where Wisconsin people liked to frequent. Every so often,  a parent would try to order a drink or give a drink to their "child", not realizing that the laws in Illinois were so different.   FWIW, it was never anyone near the age of 10, it was more like their "child" who was a legal adult,  old enough to vote, fight in a war, etc.    It is an unusual law, but it does kind of make sense.  
I can only recall one parent who got a little ticked at me, to whom I calmly explained not only the fines to the business, but to me personally on top of losing my job.


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## caffingdu

It is a little ridiculous that you can get your hands on deadly assault rifles in this country so easily, but you can't have a drink, no matter how low the alcohol content and with very little exceptions, until you're 21. But, that's the law in this country...

By the way, when the law talks about small exceptions, they means things like religious reasons. For example, I believe that it's perfectly legal for a minor to have a sip of wine at church as part of communion ceremonies... But in general, it is illegal for you to drink in public, or even in private, until you're 21.


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