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    Alcohol Service Regulations

    Alcohol Service Regulations – California

    Alcohol Service Regulations – California

    21 Legal age to consume alcohol21 Legal age to serve alcohol 18 Legal age to serve alcohol in a bona fide eating place where area is primarily designed for sale and service of food 0.08 Limit for Driving While Intoxicated; 0.01 for under 21Yes (Limited) Dram Shop liability lawsNot regulated Maximum alcohol per drinkNot regulated Number of drinks served at one time30 Recommended age to check IDs; state requires ID check for anyone who looks under legal age to drink

    Server Training

    Beginning July 1, 2022 all alcohol servers must complete training from a Responsible Beverage Service (RBS) approved course. TEAM is an approved RBS training provider!

    Whether you are a TEAM trainer or a server, there is important information to review. Click the appropriate button below. If you have additional questions, please email [email protected]

    Acceptable Forms of ID

    Valid U.S. State Driver’s License

    Valid U.S. State or Federal Government issued Identification

    Valid U.S. Passport and/or Passport Card

    Valid Military ID issued by the U.S. Department of Defense

    Valid Foreign Passport

    According to business and professions code 25660; the ABC recommends that licensees accept only “Bona Fide” identification which are currently valid, issued by a Government Agency, and contain the following criteria:

    Name of Person Photograph

    Physical Description

    Date of Birth

    Issued by a Governmental Agency

    Must be Valid (Not Expired)

    Relying on identification using these 6 elements provides a legal defense to a violation of California Code Section 25658. For additional information see Sections 25668-25660 of the B&P Code.

    ID Confiscation

    Under Section 25659, a licensee, or his or her agent or employee, may seize any identification by a person that shows to be under 21 or false, so long as a receipt is given to the person from whom it was seized and the seized identification is given over to the local law enforcement agency that has jurisdiction over the premises within 24 hours.

    Policies Regarding Minors

    It is unlawful to serve or sell alcohol to anyone under the age of 21. Persons under 21 years of age may not enter and remain in any premises with a green-colored ABC license except on lawful business. These premises are required to post a sign visible from the exterior at each public entrance and another one inside stating that no one under the age of 21 is allowed inside. Minors are not allowed to consume alcohol in the presence of their parents or legal guardian under any circumstances, either on or off a licensed premises, except that a very small amount of an alcoholic beverage may be consumed in a Bona Fide religious service. The prohibition extends to all locations in the state, not only within a licensed premises. Those furnishing alcoholic beverages to minors face a misdemeanor charge regardless of the location (except as described above.)

    Liquor Liability

    Following is a list of violations and penalties:

    Minors in a public premises: penalty for licensee is maximum penalty of $1000 and/or 6 months in county jail

    Minors in a public premises (bar): penalty for minor is fine not less than $200

    Sale during prohibited hours: maximum penalty of $1000 and/or 6 months in county jail

    Sale to an intoxicated person: maximum penalty of $1000 and/or 6 months in county jail

    Sale to a habitual drunkard: maximum penalty of $1000 and/or 6 months in county jail

    Sale to minors: maximum penalty of $250 and/or 24-32 hours Community Service

    Source : teamcoalition.org

    Minors

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    HomeEducationMerchant EducationOn-Sale Licensee Informational GuideMinors

    Minors

    Minors B & P Code 25658. Sales To Minors

    Except as otherwise provided in subdivision (c), every person 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 a misdemeanor.

    Except as provided in Section 25667, any person under the age of 21 years who purchases any alcoholic beverage, or any person under the age of 21 years who consumes any alcoholic beverage in any on-sale premises, is guilty of a misdemeanor.

    Any person who violates subdivision (a) by purchasing any alcoholic beverage for, or furnishing, giving, or giving away any alcoholic beverage to, a person under the age of 21 years, and the person under the age of 21 years thereafter consumes the alcohol and thereby proximately causes great bodily injury or death to himself, herself, or any other person, is guilty of a misdemeanor.

    Any on-sale licensee who knowingly permits a person under the age of 21 years to consume any alcoholic beverage in the on-sale premises, whether or not the licensee has knowledge that the person is under the age of 21 years, is guilty of a misdemeanor.

    B & P Code 25658.5.

    Attempt To Purchase By Minor

    Any person under the age of 21 years who attempts to purchase any alcoholic beverage from a licensee, or the licensee’s agent or employee, is guilty of an infraction and shall be punished by a fine of not more than two hundred fifty dollars ($250), or the person shall be required to perform not less than 24 hours or more than 32 hours of community service during hours when the person is not employed or is not attending school, or a combination of fine and community service as determined by the court. A second or subsequent violation of this section shall be punished by a fine of not more than five hundred dollars ($500), or the person shall be required to perform not less than 36 hours or more than 48 hours of community service during hours when the person is not employed or is not attending school, or a combination of fine and community service, as the court deems just. It is the intent of the Legislature that the community service requirements prescribed in this section require service at an alcohol or drug treatment program or facility or at a county coroner’s office, if available, in the area where the violation occurred or where the person resides.

    The penalties imposed by this section do not preclude prosecution or the imposition of penalties under any other provision of law, including, but not limited to, Section 13202.5 of the Vehicle Code.

    B & P Code 25660.

    Documentary Evidence of Age

    Bona fide evidence of majority and identity of the person is any of the following: (1) A document issued by a federal, state, county, or municipal government, or subdivision or agency thereof, including, but not limited to, a valid motor vehicle operator’s license, that contains the name, date of birth, description, and picture of the person. (2) A valid passport issued by the United States or by a foreign government. (3) A valid identification card issued to a member of the Armed Forces that includes a date of birth and a picture of the person.

    Proof that the defendant-licensee, or his or her employee or agent, demanded, was shown, and acted in reliance upon bona fide evidence in any transaction, employment, use, or permission forbidden by Section 25658, 25663,or 25665 shall be a defense to any criminal prosecution therefor or to any proceedings for the suspension or revocation of any license based thereon.

    B & P Code 25659.

    Right to Refuse Service to Minors

    For the purpose of preventing the violation of Section 25658, any licensee, or his or her agent or employee, may refuse to sell or serve alcoholic beverages to any person who is unable to produce adequate written evidence that he or she is over the age of 21 years. A licensee, or his or her agent or employee, may seize any identification presented by a person that shows the person to be under the age of 21 years or that is false, so long as a receipt is given to the person from whom the identification is seized and the seized identification is given within 24 hours of seizure to the local law enforcement agency that has jurisdiction over the licensed premises. A licensee, his or her agent or employees, decision to not seize a license shall not create any civil or criminal liability.

    B & P Code 25663. Employment of Minors

    Except as provided in subdivision (c), no licensee that sells or serves alcoholic beverages for consumption on the premises shall employ any person under 21 years of age for the purpose of preparing or serving alcoholic beverages. Every person who employs or uses the services of any person under the age of 21 years in or on that portion of any premises, during business hours, which are primarily designed and used for the sale and service of alcoholic beverages for consumption on the premises, is guilty of a misdemeanor.

    Any off-sale licensee who employs or uses the services of any person under the age of 18 years for the sale of alcoholic beverages shall be subject to suspension or revocation of his or her license, except that a person under the age of 18 years may be employed or used for those purposes if that person is under the continuous supervision of a person 21 years of age or older.

    Source : www.abc.ca.gov

    Found a Fake ID – What do you do next?

    You shouldn't seize an ID because you because it is fraudulent. Here is how to handle fake ID confiscation in each state:

    Found a Fake ID – What do you do next?

    Intellicheck Team

    August 17, 2021

    Age Verification, Fraud Prevention, Identity Validation

    Almost every business is excited about catching a fake ID… mostly.

    On the one hand, catching a fake ID is a possible crime stopped as well as an opportunity to avoid a fine. In catching that ID, some businesses might even want to celebrate. On the other hand, a fake ID itself is a window into fraud waiting to happen leading some businesses to be more contemplative.

    As the creators of a solution that catches most every fake ID that you will encounter, we fall on the excited side. We are so excited, in fact, that we are sponsoring a competition to highlight the fake IDs our customers are catching – see here for more details. However, we are not so excited that we want you to do the wrong thing with the fake IDs that you catch.

    Below, you’ll find a list of US states and where they fall in allowing a business to confiscate an ID. Please take a look to make sure you are in compliance, and click on the links to get more detail.

    The data provided and linked in the following sections was found on ServSafe.com.

    States that allow businesses to confiscate an ID

    Alaska: Yes, licensees may confiscate false IDs and must turn the confiscated IDs over to law enforcement as soon as possible.

    Arizona: Permitted

    California: A licensee or his employee may seize any identification from a person that shows to be under 21 or false, so long as a receipt is given to the person from whom it was seized and the seized identification is given over to the local law enforcement agency that has jurisdiction over the premises within 24 hours.

    Colorado: Establishments in Colorado may confiscate false IDs. Contact the Colorado Liquor Enforcement Division or local government for the relevant statutes and information.

    District of Columbia: Confiscation is not authorized by law it may be done by licensees

    Georgia: Licensees may confiscate false IDs if they report the confiscation to the local law enforcement. Consult Georgia statutes for specifics.

    Hawaii: Yes, due to it being illegal for any minor to use a fake id or the identification of another person in an attempt to purchase liquor or to obtain employment to serve or sell liquor in a licensed establishment.

    Idaho: Licensees may confiscate false IDs. After the ID is confiscated, it should be turned over to the ABC or a local law enforcement agency.

    Iowa: Licensees may retain false IDs. If it appears to be altered, falsified, or belongs to someone else. If the ID is a state-issued license or ID card, the licensee must provide written receipt of retainment to the person from whom the card was taken. Within twenty-four hours the card must be delivered to local law enforcement and the licensee must file a written report of the incident. Licensees may be subject to criminal prosecution or civil liability for retaining state-issued ID if proper procedures are not followed or it excessive force is used in obtaining the identification. See Iowa code section 123.48.

    Kentucky: Operators should confiscate fake ID’s and turn them over to local police.

    Maine: Licensees may retain false IDs without liability. It must be for a reasonable period of time and the licensee must make a good faith effort to determine legal age. The holder of the ID must be informed of why the ID is being held.

    Michigan: Michigan authorizes licensees to confiscate IDs they recognize as false. Adulterated/fraudulent ID may be confiscated. Unadulterated ID should not be confiscated (ex. Minor purchasing with own ID).

    Minnesota: A licensed retailer or municipal liquor store may seize an ID if the retailer or municipal liquor store has reasonable grounds to believe that it has been altered or falsified or is being used to violate any law. It must be delivered to a law enforcement agency within 24 hours of seizing it.

    Missouri: Yes

    Montana: Yes, operators should confiscate fake IDs and turn it over to the local authorities unless their life is threatened.

    Nebraska: Nebraska does not prohibit licensees from confiscating false IDs. Licensees may also use a documentary proof of age

    New Hampshire: An ID recognized as false can be confiscated for a reasonable length of time to make a good faith effort to determine whether the person is of legal age of to notify law enforcement officials of a suspected violation of law.

    New Jersey: May confiscate, but not required to take a suspected fake ID. Licensees and servers are cautioned to exercise caution. Has option to refuse service at any time to any person suspected of being under legal drinking age or intoxicated.

    New Mexico: New Mexico affirms that an ID is personal property; if an establishment chooses to confiscate the document, it is their decision.

    North Carolina: Establishments may confiscate IDs they recognize as false.

    Oklahoma: Licensees may hold identification until authorities are notified and ID is turned in.

    Oregon: Yes and if DMV identification is used in misrepresentation, the minor’s driving privileges may be suspended for up to one year and/or the minor will have to wait for up to one year to apply for a driver’s license.

    Source : intellicheck.com

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