ABC LawsQuestion 13 of 100

May an ABC-licensed establishment legally refuse to serve a customer for reasons unrelated to age or intoxication, such as appearance or behavior?

a.No — a licensee must serve any adult with a valid ID
b.Only if the customer has been convicted of a crime
c.Yes — refusal of service is the licensee's right so long as it is not based on a protected characteristic under the Unruh Civil Rights Act
d.Only if a police officer authorizes the refusal in writing

Explanation

A licensee retains the common-law right to refuse service to anyone, and §25602 affirmatively requires refusal when a patron is intoxicated. However, refusal cannot be based on race, religion, sex, gender, sexual orientation, disability, national origin, or other characteristics protected by Civil Code §51 (Unruh Civil Rights Act). Saying 'we're refusing to serve you tonight because you've reached your limit' is lawful; refusing because the customer is Latino, Vietnamese, or gay is not.

Law Reference: Cal. Bus. & Prof. Code §25602(c)

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