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Special Situations

10 questions

1. 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:

a.Allow it — parental sharing is a long-standing exception
b.Allow it only if the parent signs a written waiver
c.Politely intervene to stop the underage consumption; under §25658(a) it is illegal in California for any person, including a parent, to furnish alcohol to a person under 21, and the licensee can be cited
d.Charge the parent for two bottles instead of one

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:

a.Must refuse — it is illegal to serve alcohol to a pregnant person
b.May serve the drink — there is no California law prohibiting service to pregnant adults, but the establishment must post the Prop 65 pregnancy warning required by Health & Safety Code §25249.6 and may provide a polite reminder of health guidance
c.Must require a doctor's note before serving
d.Must call the police

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?

a.'All you can drink' for a fixed price or unlimited drinks for a single price during a set period
b.A reduced-price beer between 4 p.m. and 6 p.m.
c.Half-price wine bottles during a special dinner promotion
d.A free first appetizer with the purchase of one drink

§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 §25600.05

4. A nonprofit charity wants to serve alcohol at a one-day fundraiser without holding an ongoing ABC license. The appropriate authorization is:

a.Type 47 full liquor restaurant license
b.Type 48 bar license
c.No authorization is needed for charitable events
d.A Daily License (Special Daily Beer and/or Wine License or Special Daily On-Sale General License) issued by ABC under §24045 et seq.

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?

a.BYO wine in any restaurant is illegal in California
b.An on-sale licensee may permit a patron to bring in a partially-consumed bottle of wine purchased elsewhere and re-cork an unfinished bottle for the patron to take home, subject to certain conditions
c.BYO is allowed only at private events on private property
d.Restaurants must always provide free corkage service

§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 Rules

6. 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?

a.Legal — off-sale stores have a separate 24-hour exemption
b.Legal — Saturday and Sunday have extended hours until 4 a.m.
c.Illegal — §25631 prohibits sale of any alcoholic beverage between 2:00 a.m. and 6:00 a.m. at on-sale AND off-sale licensees
d.Legal — only the sale of spirits is restricted by §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 §25631

7. A patron known to staff as a self-identified person with alcohol use disorder arrives sober and orders a beer. The server should:

a.Treat the patron the same as any adult customer — they may be served unless and until they exhibit §25602 'obviously intoxicated' signs; addiction status alone is not legal grounds to refuse, though staff may exercise discretion to discourage service
b.Refuse immediately because the patron has a disease
c.Require the patron to show a sobriety chip from AA before serving
d.Serve a triple to encourage faster departure

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 Curriculum

8. A designated-driver (DD) program — by which a non-drinking driver receives free non-alcoholic beverages — is BEST described as:

a.A legally mandated state program required at every bar
b.A voluntary best-practice tool that supports §25602 compliance, reduces DUI risk, and is encouraged but not legally required by California
c.Prohibited under California law because it implies the bar over-serves
d.Available only at Type 47 (full liquor restaurant) licensees

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 §25602

9. From an RBS perspective, the practice of bartenders 'over-pouring' (deliberately serving more than the standard 1.5-oz spirit pour) is:

a.Encouraged as good customer service
b.Required when the customer specifically requests a 'strong' drink
c.Discouraged because it accelerates patron BAC unpredictably, frustrates pacing/observation efforts, and increases the risk of §25602 violations and over-service liability
d.Legally required at all tip-pooling establishments

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 §25602

10. An RBS-certified server completes training in 2025 and passes the ABC certification exam. By what year must they recertify to remain in compliance?

a.2026
b.2027
c.2029
d.2028 — RBS certification is valid for 3 years and must be renewed via approved training and a fresh exam

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
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