Does the phrase "causes to be sold" in section 25602.1 require an affirmative act on the part of the person causing the sale of alcohol to an obviously intoxicated minor?

In their ordinary sense, the words "causes to be sold" as used in section 25602.1 imply some type of affirmative act on the part of the person causing alcohol to be sold, which is directly related to the act of selling alcohol. (Cf. Sagadin v. Ripper (1985) 175 Cal.App.3d 1141, 1157, 221 Cal.Rptr. 675, and cases cited therein [construing section 25658, which provides that one "who sells, furnishes, gives, or causes to be sold, furnished, or given away, any alcoholic beverage to any person under the age of 21 years is guilty of [40 Cal.App.4th 1282] a misdemeanor"].) This ordinary usage of the phrase, and the fact that section 25602.1 articulates no duty to act affirmatively to prevent others, over whom one has no control, from selling alcohol to an obviously intoxicated minor, compel us to construe the statute to require malfeasance, not acquiescence; mere inaction is not sufficient. (Cf. Sagadin v. Ripper, supra, at p. 1157, 221 Cal.Rptr. 675.) In other words, the phrase "causes to be sold" requires an affirmative act directly related to sale of alcohol, which necessarily brings about the resultant action to which the statute is directed, i.e., the sale of alcohol to an obviously intoxicated minor.

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