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Special Situations
10 questions1. An obviously sober parent of a 19-year-old is dining at a Type 47 restaurant and pours wine from a shared bottle into their 19-year-old's glass. The server should:
California's §25658(a) is strict — no parental exception applies in any setting. The server should politely intervene ('I'm sorry, California law doesn't allow anyone under 21 to be served, even by a parent'). The licensee is exposed to ABC discipline for permitting it. Some states allow parental furnishing in private homes; California does not, and certainly does not in licensed premises. Waivers (b) cannot waive criminal statutes.
Cal. Bus. & Prof. Code §25658(a)2. A visibly pregnant adult patron orders a glass of wine. Under California law, the server:
No California statute prohibits serving alcohol to a pregnant adult who is otherwise of age and not intoxicated; doing so would be sex/pregnancy discrimination under the Unruh Act. However, California Proposition 65 (Health & Safety Code §25249.6) requires licensed establishments to post the warning that drinking during pregnancy can cause birth defects. The server may serve, but may also offer non-alcoholic options. Refusing solely because of pregnancy creates discrimination exposure.
Cal. Bus. & Prof. Code §25658; Cal. Health & Safety Code §25249.6 (Prop 65)3. Under Bus. & Prof. Code §25600.05, an on-sale licensee MAY offer a 'happy hour' with reduced-price drinks subject to certain limits. Which practice remains PROHIBITED?
§25600.05 allows price reductions ('happy hour') but ABC rules and §25600 generally prohibit promotions that encourage excessive consumption, including 'all you can drink for a fixed price,' unlimited drinks for a single price, and contests rewarding speed of drinking. Reduced prices at posted hours (b, c) and food-with-drink incentives (d) are permitted. Promotions that effectively eliminate the marginal cost of each additional drink are the classic prohibited pattern.
Cal. Bus. & Prof. Code §25600.054. A nonprofit charity wants to serve alcohol at a one-day fundraiser without holding an ongoing ABC license. The appropriate authorization is:
ABC issues 'Daily Licenses' (sometimes called 'one-day' or 'special daily' permits) for nonprofit organizations and certain events to sell beer/wine or full liquor for limited periods at a specific location. Application is filed in advance with ABC. All §25602/§25658 rules apply, and RBS-certified servers are required if the event is at a permanent on-premises location. Operating without any authorization (c) is a §23300 misdemeanor.
Cal. Bus. & Prof. Code §24045 et seq.5. Bus. & Prof. Code §23396.5 governs the practice of patrons bringing their own (BYO) wine into a restaurant. Which is TRUE about California 'corkage' rules?
§23396.5 permits on-sale licensees to allow patrons to bring their own wine and to re-cork an unfinished bottle for the patron to take home. The bottle must be properly resealed, placed in a one-way bag or marked container, and the patron's right to transport is governed by Vehicle Code §23223 (open-container prohibition does not apply if the resealed bottle is in the trunk). Restaurants may charge a corkage fee at their discretion.
Cal. Bus. & Prof. Code §23396.5; ABC Rules6. An off-sale (Type 20/21) retailer continues to sell beer at 2:15 a.m. on Saturday morning. What is the legal status of this sale under §25631?
§25631 prohibits sale, gift, or delivery of any alcoholic beverage by ANY licensee — on-sale or off-sale — between 2:00 a.m. and 6:00 a.m. of the same day. No 'extended weekend' or 'off-sale 24-hour' exceptions exist (although SB 905 'extended-hours' pilot programs were considered and ultimately defeated; 2 a.m. remains the statewide cutoff). The sale at 2:15 a.m. is a misdemeanor and grounds for ABC discipline.
Cal. Bus. & Prof. Code §256317. A patron known to staff as a self-identified person with alcohol use disorder arrives sober and orders a beer. The server should:
Addiction is a protected disability under the federal ADA and California's Unruh Civil Rights Act; refusing service solely because someone is in recovery may be discrimination. Servers must apply the same §25602 standard — refuse when obviously intoxicated. However, an individual establishment may, as a discretionary policy of care, decline to escalate service. Demanding sobriety chips (c) is intrusive, and serving a triple (d) is reckless endangerment.
Cal. Bus. & Prof. Code §25602; RBS Curriculum8. A designated-driver (DD) program — by which a non-drinking driver receives free non-alcoholic beverages — is BEST described as:
Designated driver programs are voluntary, encouraged industry best practices: the DD receives free sodas/water/coffee, their drinking companions arrive safely home, and the establishment gains liability protection and goodwill. They are not mandated by California law but align with RBS principles. Many establishments combine DD programs with on-call rideshare codes. The program does not imply over-service; it supports overall responsible operations.
RBS Training Curriculum; Cal. Bus. & Prof. Code §256029. From an RBS perspective, the practice of bartenders 'over-pouring' (deliberately serving more than the standard 1.5-oz spirit pour) is:
Standardized pours are the foundation of pacing and observation — a server can reasonably estimate BAC rise only when each drink contains a known dose. Over-pouring (free-pouring, generous shots) means the patron may reach impairment after fewer drinks than the server has counted, leading to §25602 violations and incident risk. Over-pour also creates inventory shrinkage. Customer 'strong drink' requests do not authorize over-pouring; offer a double charged as two pours instead.
RBS Training Curriculum; Cal. Bus. & Prof. Code §2560210. An RBS-certified server completes training in 2025 and passes the ABC certification exam. By what year must they recertify to remain in compliance?
Title 4 CCR §165 and ABC RBS Program rules set the certification period at 3 years from the date of issuance. A server certified in 2025 must complete renewal training with an ABC-approved provider (TIPS, A+ Server, LiquorExam, etc.) and pass the certification exam again by the corresponding 2028 date. Employers should track expiration dates and ensure each on-floor server, bartender, manager, and ID-checker maintains a current RBS certificate at all times.
Title 4 CCR §165; ABC RBS Program