California Penal Code §303a — Loitering to Solicit Purchase of Alcohol
PC §303a makes it a misdemeanor for any person to loiter in or about any premises licensed for on-sale alcohol consumption for the purpose of begging or soliciting any patron or customer of, or visitor in, the licensed premises to purchase any alcoholic beverage for the person loitering. Exposure is up to 6 months county jail and a $1,000 fine. §303a is the 'B-girl' statute, historically enacted to combat solicitation practices in bars where employees would solicit patrons to buy drinks — often on a commission basis (the sister-statute §303 addresses the commission arrangement itself).
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Loitering to Solicit Purchase of Alcohol Cases in All LA County Courts
01 — Quick Facts
PC §303a — Loitering to Solicit Purchase of Alcohol at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §303a — Loitering to Solicit Purchase of Alcohol |
| Code Type | Penal Code (PC) |
| Classification | Misdemeanor |
| Penalty | Up to 6 months county jail + $1,000 fine |
| Category | Public Order |
| Probation | Case-specific — see penalties section |
| Strike | See penalties table |
| Expungeable | See defense analysis |
| Immigration | Consult immigration counsel — case-specific |
| Free Consultation | (213) 723-2337 — 24/7 |
01 — What Is PC §303a?
What Is California Penal Code §303a?
PC §303a Reads:
"It shall be unlawful, in any establishment where alcoholic beverages are sold for consumption on the premises, for any person to loiter in or about the premises for the purpose of begging or soliciting any patron or customer of, or visitor in, the premises to purchase any alcoholic beverage for the person begging or soliciting."
— California Penal Code §303a
PC §303a addresses a historically specific commercial practice: bar employees ('B-girls') who solicit customers to buy them drinks, often on a hidden commission arrangement with the licensee. The sister statute PC §303 makes it unlawful for the licensee to pay a commission based on drink sales. Modern §303a filings are rare but occur in ABC (Alcoholic Beverage Control) investigations and vice-related operations. The statute reaches the loitering-for-solicitation conduct itself, not the customer.
Why This Law Matters
§303a is a misdemeanor with modest exposure but has ABC-licensing implications for the venue and employment consequences for the defendant. The statute is narrowly drafted and is frequently defeated by attacking the loitering purpose or the on-sale licensing element. ABC administrative proceedings frequently parallel criminal filings — Rubin Law coordinates defense across both venues.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §303a
The People must prove each element beyond a reasonable doubt.
Loitering In or About On-Sale Licensed Premises
The venue must be licensed for on-sale alcohol consumption (Type 40, 41, 42, 47, 48, etc. under ABC).
Purpose Was to Beg or Solicit Alcohol Purchase
The People must prove specific intent — loitering with the purpose of soliciting.
Solicitation Directed at Patron, Customer, or Visitor
The target must be a patron/customer/visitor — not an employee or another loiterer.
Purpose Was Alcohol Purchase for the Person Loitering
The alcohol purchased must have been for the person soliciting — not a third party.
04 — Penalties
Penalties for PC §303a Loitering to Solicit Purchase of Alcohol in California
Penalty structure and enhancements for this offense.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| §303a Misdemeanor | PC §303a | Up to 6 months county jail + $1,000 fine | Summary — up to 3 years | No |
| Companion §303 Licensee Commission | PC §303 | Same range plus ABC administrative action | N/A | No |
| Judicial Diversion (§1001.95) | PC §1001.95 | None — case dismissed on successful completion | Diversion program | No |
Related Enhancements & Charges
Companion PC §303 Commission Arrangement
PC §303
Licensee-side commission payment; ABC-license impact.
Companion PC §647(b) Prostitution
PC §647(b)
Co-filed where solicitation extended to sexual services.
Companion PC §266h Pimping
PC §266h
Escalation where commercial-sex arrangement alleged.
ABC Bus. & Prof. §25601
B&P §25601
Administrative-license action against the venue.
Beyond the Sentence
- ABC-license consequences for the employing venue
- Employment consequences in the hospitality industry
- Companion §647(b) or §266h counts in vice-operation cases
- Immigration consequences — case-specific CIMT analysis
- Civil-recovery liability under B&P §17200 where deceptive commission alleged
- Vice-operation investigations frequently expand into wider prosecution
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §303a Loitering to Solicit Purchase of Alcohol Charges
Rubin Law, P.C. defends this offense through the following strategies.
Not On-Sale Licensed Premises
Off-sale venues (Type 20/21), private events, and unlicensed venues fall outside §303a. Rubin Law verifies ABC licensing status.
ABC Licensing Element
No Solicitation Purpose
General socializing, dating, and non-commercial interactions defeat the purpose element. The People must prove specific intent to solicit — not merely be present.
PC §21a Intent
No Commission or Financial Arrangement
Where no commission or financial arrangement with the licensee exists, the statute's purpose is not implicated. Absence of a commission agreement is a strong mitigating factor.
Purpose Element
Interaction With Employees Only
Solicitation directed at fellow employees rather than patrons defeats the customer-target element.
Target Element
Judicial Diversion (§1001.95)
§303a qualifies for §1001.95 judicial diversion — successful completion results in dismissal.
Entrapment (ABC Sting Operations)
ABC sting operations often involve pressured solicitation by undercover investigators. Objective entrapment defense under People v. Barraza applies.
People v. Barraza
Constitutional Sources
07 — Court Process
How PC §303a Loitering to Solicit Purchase of Alcohol Cases Move Through Los Angeles Courts
Typical case flow through the LA County courts.
- 1
Step 1 — ABC Investigation
Most §303a cases originate from ABC compliance operations, undercover stings, or license-renewal audits. Do not speak with ABC investigators without counsel.
- 2
Step 2 — Filing / Arraignment
Misdemeanor filed in the local courthouse. §1001.95 diversion eligibility discussed at arraignment.
- 3
Step 3 — Discovery
ABC investigation reports, undercover officer notes, video/audio recordings, and licensee commission records.
- 4
Step 4 — Motion Practice
§1001.95 diversion motions, entrapment litigation, and Pitchess motions on ABC investigators.
- 5
Step 5 — Trial or Diversion
Most §303a cases resolve through §1001.95 diversion. Trial defense focuses on the purpose and target elements.
- 6
Step 6 — Sentencing / Diversion Completion
Successful diversion — case dismissed. Otherwise: summary probation, community service.
Los Angeles Courts That Handle PC §303a Loitering to Solicit Purchase of Alcohol Cases
Filings are venued in the courthouse serving the incident location.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Loitering to Solicit Purchase of Alcohol Defense Attorney
Daniel S. Rubin has defended clients charged with loitering to solicit purchase of alcohol and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §303a in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Loitering to Solicit Purchase of Alcohol Cases Throughout LA County
See our full Loitering to Solicit Purchase of Alcohol defense practice
09 — FAQs
PC §303a Loitering to Solicit Purchase of Alcohol Questions — Los Angeles
What is PC §303a?
PC §303a makes it a misdemeanor to loiter in or about a bar or on-sale licensed premises for the purpose of soliciting a patron to buy the loiterer an alcoholic beverage. Exposure is up to 6 months county jail and a $1,000 fine.
What is the difference between §303 and §303a?
PC §303 prohibits licensee payment of commissions to employees based on drink sales. PC §303a prohibits loitering to solicit patrons to buy drinks for the loiterer. §303 targets the licensee arrangement; §303a targets the loitering conduct.
Does §303a apply to all bars?
Only to on-sale licensed premises (ABC Type 40, 41, 42, 47, 48, etc.). Off-sale venues (Type 20, 21) and unlicensed venues fall outside §303a.
Is §303a a common charge?
No. Modern §303a filings are rare but occur in ABC compliance operations, vice-related sting operations, and license-renewal audits.
Is §303a eligible for diversion?
Yes. §303a is a non-violent misdemeanor eligible for §1001.95 judicial diversion — successful completion results in dismissal.
Will §303a affect my hospitality-industry employment?
It can. The employer's ABC license may be affected, and background checks in the hospitality industry frequently identify §303a. Rubin Law negotiates dismissal outcomes to preserve employability.
Does §303a target the customer?
No. §303a targets the person loitering to solicit — usually a bar employee or associate. The customer who buys the drink is not criminalized.
Available 24/7 — Free Consultation
Charged with PC §303a Loitering to Solicit Alcohol? Call Rubin Law.
§303a is a specific vice-adjacent misdemeanor with ABC-license and employment consequences. Rubin Law, P.C. defends by attacking the purpose element, litigating entrapment, and pushing for §1001.95 diversion. Call (213) 723-2337.