CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 1371Introduced by Senator BradfordFebruary 16, 2024 An act to amend Section 25660 of the Business and Professions Code, relating to alcoholic beverages. LEGISLATIVE COUNSEL'S DIGESTSB 1371, as introduced, Bradford. Alcoholic beverage control: proof of age.Existing law, the Alcoholic Beverage Control Act, makes it a misdemeanor for any person under 21 years of age to purchase any alcoholic beverage or consume any alcoholic beverage in any onsale premises. The act also subjects a holder of a license to sell alcoholic beverages to criminal prosecution and suspension or revocation of that license if the licensee sells any alcoholic beverages to any person under 21 years of age. Existing law provides that a licensees acceptance of bona fide evidence, as defined, constitutes a defense to any prosecution or proceedings against the licensee, as specified. This bill would also make reliance upon a system that reviews bona fide evidence of majority and biometrics to determine the age and identity of a person before admittance into a premises where alcoholic beverages may be lawfully purchased a defense to any criminal prosecution or proceedings against the licensee, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe 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 operators 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 his or her their 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.(2) Reliance upon a system that reviews bona fide evidence of majority and biometrics to determine the age and identity of a person before admittance into a premises where alcoholic beverages may be lawfully purchased shall be a defense to any criminal prosecution therefor or to any proceedings for the suspension or revocation of any license based thereon.
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 1371Introduced by Senator BradfordFebruary 16, 2024 An act to amend Section 25660 of the Business and Professions Code, relating to alcoholic beverages. LEGISLATIVE COUNSEL'S DIGESTSB 1371, as introduced, Bradford. Alcoholic beverage control: proof of age.Existing law, the Alcoholic Beverage Control Act, makes it a misdemeanor for any person under 21 years of age to purchase any alcoholic beverage or consume any alcoholic beverage in any onsale premises. The act also subjects a holder of a license to sell alcoholic beverages to criminal prosecution and suspension or revocation of that license if the licensee sells any alcoholic beverages to any person under 21 years of age. Existing law provides that a licensees acceptance of bona fide evidence, as defined, constitutes a defense to any prosecution or proceedings against the licensee, as specified. This bill would also make reliance upon a system that reviews bona fide evidence of majority and biometrics to determine the age and identity of a person before admittance into a premises where alcoholic beverages may be lawfully purchased a defense to any criminal prosecution or proceedings against the licensee, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Senate Bill
No. 1371
Introduced by Senator BradfordFebruary 16, 2024
Introduced by Senator Bradford
February 16, 2024
An act to amend Section 25660 of the Business and Professions Code, relating to alcoholic beverages.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 1371, as introduced, Bradford. Alcoholic beverage control: proof of age.
Existing law, the Alcoholic Beverage Control Act, makes it a misdemeanor for any person under 21 years of age to purchase any alcoholic beverage or consume any alcoholic beverage in any onsale premises. The act also subjects a holder of a license to sell alcoholic beverages to criminal prosecution and suspension or revocation of that license if the licensee sells any alcoholic beverages to any person under 21 years of age. Existing law provides that a licensees acceptance of bona fide evidence, as defined, constitutes a defense to any prosecution or proceedings against the licensee, as specified. This bill would also make reliance upon a system that reviews bona fide evidence of majority and biometrics to determine the age and identity of a person before admittance into a premises where alcoholic beverages may be lawfully purchased a defense to any criminal prosecution or proceedings against the licensee, as specified.
Existing law, the Alcoholic Beverage Control Act, makes it a misdemeanor for any person under 21 years of age to purchase any alcoholic beverage or consume any alcoholic beverage in any onsale premises. The act also subjects a holder of a license to sell alcoholic beverages to criminal prosecution and suspension or revocation of that license if the licensee sells any alcoholic beverages to any person under 21 years of age. Existing law provides that a licensees acceptance of bona fide evidence, as defined, constitutes a defense to any prosecution or proceedings against the licensee, as specified.
This bill would also make reliance upon a system that reviews bona fide evidence of majority and biometrics to determine the age and identity of a person before admittance into a premises where alcoholic beverages may be lawfully purchased a defense to any criminal prosecution or proceedings against the licensee, as specified.
## Digest Key
## Bill Text
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 operators 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 his or her their 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.(2) Reliance upon a system that reviews bona fide evidence of majority and biometrics to determine the age and identity of a person before admittance into a premises where alcoholic beverages may be lawfully purchased shall be a defense to any criminal prosecution therefor or to any proceedings for the suspension or revocation of any license based thereon.
The people of the State of California do enact as follows:
## 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 operators 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 his or her their 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.(2) Reliance upon a system that reviews bona fide evidence of majority and biometrics to determine the age and identity of a person before admittance into a premises where alcoholic beverages may be lawfully purchased shall be a defense to any criminal prosecution therefor or to any proceedings for the suspension or revocation of any license based thereon.
SECTION 1. Section 25660 of the Business and Professions Code is amended to read:
### SECTION 1.
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 operators 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 his or her their 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.(2) Reliance upon a system that reviews bona fide evidence of majority and biometrics to determine the age and identity of a person before admittance into a premises where alcoholic beverages may be lawfully purchased shall be a defense to any criminal prosecution therefor or to any proceedings for the suspension or revocation of any license based thereon.
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 operators 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 his or her their 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.(2) Reliance upon a system that reviews bona fide evidence of majority and biometrics to determine the age and identity of a person before admittance into a premises where alcoholic beverages may be lawfully purchased shall be a defense to any criminal prosecution therefor or to any proceedings for the suspension or revocation of any license based thereon.
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 operators 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 his or her their 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.(2) Reliance upon a system that reviews bona fide evidence of majority and biometrics to determine the age and identity of a person before admittance into a premises where alcoholic beverages may be lawfully purchased shall be a defense to any criminal prosecution therefor or to any proceedings for the suspension or revocation of any license based thereon.
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 operators 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 his or her their 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.
(2) Reliance upon a system that reviews bona fide evidence of majority and biometrics to determine the age and identity of a person before admittance into a premises where alcoholic beverages may be lawfully purchased shall be a defense to any criminal prosecution therefor or to any proceedings for the suspension or revocation of any license based thereon.