Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Checking
identification (ID) of patrons prior to serving alcohol.
(1) Twenty-one is the minimum age for a person to
legally purchase or consume alcoholic beverages in California.
(2) If prior to serving alcohol an alcohol server
diligently inspects a patron's ID and reasonably concludes it is legally acceptable
(even if it turns out to be a fake ID), and the appearance of the minor indicates
the minor could be twenty-one years of age or older, the alcohol server has a
defense to a charge of selling to a minor.
(b) Characteristics of a legally acceptable ID:
(1) Issued by a government agency;
(2) Contains the name, date of birth, photograph,
and physical description of the ID holder; and
(3) A valid expiration date.
(c) Legally acceptable ID's including the
information found in Business and Professions Code § 25660:
(1) State issued driver's licenses and
identification cards;
(2) Military ID's,
even without a physical description of the ID holder;
and
(3)
Government issued passports, even without a physical description of the ID
holder.
(d) Unacceptable ID's:
(1) Expired ID;
(2) School or Work ID;
(3) Obviously altered ID;
(4) ID belonging to someone else; and
(5) Interim or temporary state issued driver
licenses.
(e) Elements of a
valid California Real ID.
(f) Elements
of a valid California Federal Non-Compliant ID.
(g) Indicators of a false ID:
(1) Photograph appears raised or
altered;
(2) Thickness of the card, too
thick or too thin;
(3) Lumps, bumps, or
creases on the surface of the card;
(4)
The card can be peeled apart;
(5)
Alterations of the birthdate; and
(6)
Signature written in ink.
(h)
Techniques for checking ID:
(1) Physically hold the
ID;
(2) Look at the front and back of
the ID;
(3) Compare the photograph to
the ID holder;
(4) Compare the physical
description to the ID holder;
(5) Verify
the information on the card by asking questions of the ID holder;
(6) Compare the signature on the ID to a fresh
signature given by the ID holder; and
(7) Check for security features visible by UV
light or flashlight.
(i) The
alcohol server's right to refuse service of alcoholic beverages, information
contained in Business and Professions Code § 25659.
(j) Avoiding service to obviously intoxicated
patrons:
(1) Use effective listening and visual
cues to determine when patrons have become obviously intoxicated; and
(2) Do not advocate for continued drinking when
one patron attempts to buy a beverage for another patron who no longer wants a
beverage.
(k) When to refuse
service:
(1) If a patron's ID is
invalid;
(2) If the patron becomes
belligerent;
(3) If a patron is
obviously intoxicated either by alcohol, medication, or recreational or illegal
drugs;
(4) If a patron requests service
outside the hours of operation; and
(5)
If a server has any doubts about any of the preceding factors.
(l) Techniques for an alcohol server refusing
service to a patron:
(1) Be courteous but firm in
telling patrons they can no longer be served;
(2) Be quiet and discrete;
(3) Be assertive in the decision to stop alcoholic
beverage service;
(4) Focus on
statements about the alcohol server's duty and liability not to serve;
(5) Do not bargain with the patron;
(6) The server should inform managers and
co-workers of the decision, identity of the person, and reasons the person should no
longer be served alcohol;
(7) Inform
other members of the patron's group, if any; and
(8) Offer a glass of water, non-alcoholic
beverage, or food item.
(m)
Identifying persons under the influence of medication or recreational or illegal
drugs.
(1) Depressants:
(A) Define what a depressant is;
(B) Identify common depressants; and
(C) Identify signs of a patron being under the
influence of a depressant.
(2)
Stimulant:
(A) Define what a stimulant
is;
(B) Identify common stimulants;
and
(C) Identify signs of a patron being
under the influence of a stimulant.
(3) Hallucinogenic (psychedelics):
(A) Define what a hallucinogenic is;
(B) Identify common types of hallucinogenic;
and
(C) Identify signs of a patron being
under the influence of a hallucinogenic.
1. New section
filed 5-20-2020; operative 5-20-2020 pursuant to Government Code section
11343.4(b)(3) (Register 2020, No. 21).
Note: Authority cited: Sections 25681(a) and 25685(a), Business
and Professions Code. Reference: Section 25680(c)(4), Business and Professions
Code.
