ABC LawsQuestion 17 of 100
Bus. & Prof. Code §25612.5 imposes 'responsible beverage service' duties on retail licensees. These include all of the following EXCEPT:
a.Refusing service to obviously intoxicated patrons
b.Refusing service to persons under 21
c.Requiring all patrons regardless of age to undergo a Breathalyzer test before each drink
d.Maintaining the premises so they do not pose a threat to public health, safety, or welfare
Explanation
Bus. & Prof. Code §25612.5 sets baseline operating standards: refusing intoxicated patrons (a), refusing minors (b), and maintaining premises that do not constitute a nuisance (d) are all expressly listed. There is NO requirement — nor would there be a lawful basis — to demand a Breathalyzer test from every patron (c). Servers rely on observation of objective intoxication signs, not chemical testing, to make refusal decisions.
Law Reference: Cal. Bus. & Prof. Code §25612.5Practice all 100 questions free — no signup required.
Related questions on this topic
- Under Bus. & Prof. Code §25617, a licensee who suspects illegal alcohol activity (e.g., a patron furnishing drinks to a minor at the table) should:
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