Informed Merchants Preventing
Alcohol-Related Crime Tendencies
State of California
Department of Alcoholic Beverage Control
To the licensee:
You may not sell, rent, give, or show harmful matter to persons under age 18.
Harmful matter includes, but is not limited to, a book, magazine, newspaper, or video
tape that ". . . depicts or describes in a patently offensive way sexual conduct . . . and lacks
serious literary, artistic, political, or scientific value for minors."
If you sell harmful matter, you must use reasonable care in ascertaining the true age of a
If you sell or rent videos of harmful matter, you must create an area within your
licensed premises for the placement of the videos and label it, "Adults Only."
If you sell books or magazines of harmful matter, you should contact your local police
or sheriff's department about any local ordinances that may apply. Some cities and
counties require you to place "blinder racks" in front of such material so that the lower
two-thirds of the material is not exposed to view.
If you violate Penal Code Section 313.1, you may be subject to criminal penalties as set
forth in Penal Code Section 313.4 below, and suspension or revocation of your alcoholic
beverage license by the Department of Alcoholic Beverage Control.
Penal Code Section 313.1.
Distribution or exhibition to minors. . .
(a) Every person who, with knowledge
that a person is a minor, or who fails to
exercise reasonable care in ascertaining the
true age of a minor, knowingly sells, rents,
distributes, sends, causes to be sent,
exhibits, or offers to distribute or exhibit by
any means, including, but not limited to,
live or recorded telephone messages, any
harmful matter to the minor shall be
punished as specified in Section 313.4. . . .
(b) Every person who misrepresents
himself or herself to be the parent or
guardian of a minor and thereby causes the
minor to be admitted to an exhibition of
any harmful matter shall be