Pen. Code, § 172e · Chapter 7. Other Offenses Against Public Justice
Pen. Code, § 172e
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
The provisions of Sections 172, 172a, 172b, 172d, and 172g of this code shall not apply to the sale or the exposing or offering for sale of alcoholic beverages by an on-sale licensee under the Alcoholic Beverage Control Act within premises licensed as a bona fide public eating place as provided in the Constitution and as defined in the Alcoholic Beverage Control Act (commencing at Section 23000, Business and Professions Code), or within premises licensed as a club as defined in Articles 4 and 5 of Chapter 3 of the Alcoholic Beverage Control Act, provided that such club shall have been in existence for not less than 5 years, have a membership of 300 or more, and serves meals daily to its members, or by the holder of a caterer’s permit under the provisions of Section 23399 of the Business and Professions Code in connection with the serving of bona fide meals as defined in Section 23038 of the Business and Professions Code, and the provisions of such sections shall not be construed so as to preclude the Department of Alcoholic Beverage Control from issuing licenses for bona fide public eating places within the areas prescribed by the sections. The provisions of this section shall not permit the issuance of licenses to fraternities, sororities, or other student organizations.
Notes and commentary — not statutory text
History
Amended by Stats. 1973, Ch. 599.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=172e.
- Text hash
- sha256 3346f2d34bf5e071e2c90ed043e54228b8bf708a9b5d2886a6fe4d9435422bac
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Business and Professions Code
Penal Code
- Pen. Code, § 172Printed as Sections 172, 172a, 172b, 172d, and 172g of this code
- Pen. Code, § 172aPrinted as Sections 172, 172a, 172b, 172d, and 172g of this code
- Pen. Code, § 172bPrinted as Sections 172, 172a, 172b, 172d, and 172g of this code
- Pen. Code, § 172dPrinted as Sections 172, 172a, 172b, 172d, and 172g of this code
- Pen. Code, § 172gPrinted as Sections 172, 172a, 172b, 172d, and 172g of this code
- Pen. Code, § 23000Printed as Section 23000
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.