Alcoholic beverages: minors., the official text

An act to amend Section 25660 of the Business and Professions Code, relating to alcoholic beverages.

LEGISLATIVE COUNSEL'S DIGEST

Existing law, the Alcoholic Beverage Control Act, establishes the Department of Alcoholic Beverage Control for the regulation of licenses or the manufacture, distribution, and sale of alcoholic beverages within the state. Existing law prescribes various penalties for violations of the act, including that every person who sells, furnishes, gives, or causes to be sold, furnished, or given away any alcoholic beverage to any person under 21 years of age is guilty of a misdemeanor. Existing law provides that a licensee’s acceptance of bona fide evidence, as defined, or utilization of a biometric system constitutes a defense to any prosecution or proceedings against the licensee, as specified.
This bill would provide that the use of an active age verification software or an age verification device, as provided, to establish the age of a purchaser of alcoholic beverages that fails to identify a false identification card is considered evidence in any prosecution or proceedings against the licensee, as specified, if the identification is bona fide evidence and was physically inspected, is seemingly legitimate, and matches the physical appearance of the customer.

The people of the State of California do enact as follows:

SECTION 1.
Section 25660 of the Business and Professions Code is amended to read:
25660.
(a) 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.
(b) (1) Proof that the defendant-licensee, or their employee or agent, demanded, was shown, and acted in reliance upon bona fide evidence, or utilized a biometric system, 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.
(2) A biometric system utilized by a defendant-licensee shall be based upon a review of bona fide evidence of majority and identity of a person and that verifies and authenticates the validity of that bona fide evidence.
(3) The use of an active age verification software or an age verification device to establish the age of a purchaser of alcoholic beverages, that fails to identify a false identification card, shall be considered evidence in a criminal prosecution therefor, or to any proceedings for the suspension or revocation of any license based thereon, provided that the identification is bona fide evidence of majority and identity as described in subdivision (a) and was physically inspected, is seemingly legitimate, and matches the physical appearance of the customer.
(c) For purposes of this section, the following definitions apply:
(1) “Biometrics” means the unique characteristics of a person, including, but not limited to, fingerprints, iris, face, or other similar biometric characteristics, or any combination thereof.
(2) “Biometric system” means technology that links the identity of a person to that person’s biometrics.
(3) “Use of an active age verification software or an age verification device” means scanning the magnetic strip or the barcode on the bona fide evidence of majority and identity, as described in subdivision (a), to verify data on the identification document.