CALCRIM No. 2963

Beverage (Bus. & Prof. Code, § 25658(d))

The defendant is charged [in Count] with [unlawfully] permitting

a person under 21 years old to consume an alcoholic beverage [in

violation of Business and Professions Code section 25658(d)].

To prove that the defendant is guilty of this crime, the People must

prove that:

1. The defendant was licensed to sell alcoholic beverages on the

premises of a business;

2. The defendant [unlawfully] permitted <insert name

of person under 21> to consume an alcoholic beverage on the

premises of that business;

AND

3. The defendant knew that <insert name of person

under 21> was consuming an alcoholic beverage.

An alcoholic beverage is a liquid or solid material intended to be

consumed that contains one-half of 1 percent or more of alcohol by

volume. [An alcoholic beverage includes <insert type[s] of

beverage[s] from Bus. & Prof. Code, § 23004, e.g., wine, beer>.]

[Under the law, a person becomes one year older as soon as the first

minute of his or her birthday has begun.]

The People are not required to prove that the defendant knew that

<insert name of person under 21> was under 21.

<Defense: Good Faith Belief at Least 21>

[The defendant is not guilty of this crime if (he/she) reasonably and

actually believed that <insert name of person under 21> was

at least 21 years old. The People have the burden of proving beyond a

reasonable doubt that the defendant did not reasonably and actually

believe that <insert name of person under 21> was at least

21 years old. If the People have not met this burden, you must find the

defendant not guilty of this crime.]

<Defense: Actual Reliance on Identification>

[The defendant did not unlawfully permit a person under 21 years old to

consume an alcoholic beverage if:

1. The defendant [or (his/her) (employee/ [or] agent)] demanded to

see a government-issued document as evidence of ’s

<insert name of person under 21> age and identity;

2. <insert name of person under 21> showed the

defendant [or (his/her) employee/ [or] agent)] a government -

issued document, or what appeared to be a government-issued

document, as evidence of (his/her) age and identity;

AND

3. The defendant [or (his/her) employee/ [or] agent)] actually relied

on the document as evidence of ’s <insert name of

person under 21> age and identity.

As used here, a government-issued document is a document [including a

driver’s license or an identification card issued to a person in the armed

forces] that has been, or appears to have been, issued by a government

agency and contains the person’s name, date of birth, description, and

picture. The government-issued document does not have to be genuine.

[An agent is a person who is authorized to act for the defendant in

dealings with other people.]

The People have the burden of proving beyond a reasonable doubt that

the defendant did not actually rely on a government-issued document, or

what appeared to be a government issued document, as evidence of

’s <insert name of person under 21> age and identity. If the

People have not met this burden, you must find the defendant not guilty

of this crime.]

New January 2006; Revised August 2006