A patron presents an expired California driver license that clearly shows them to be 35 years old. May the server lawfully accept it as ID under §25660?
Explanation
§25660 protects sales when the server relies in good faith on documents described in the statute. Most ABC guidance and licensee policies require non-expired ID for the §25660 defense to clearly apply. Even where an expired ID is permitted by establishment policy for clearly-of-age patrons, accepting expired IDs creates evidentiary risk and is widely refused. Servers should follow house policy, which is usually 'unexpired only.' Surcharging (a) is not lawful.
Law Reference: Cal. Bus. & Prof. Code §25660This topic, taught in full in the California RBS (Responsible Beverage Service) guide. California RBS — Responsible Beverage Service Study Guide (2026) — PDF + EPUB, $9.99 · 14-day refund →
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Related questions on this topic
- When verifying an ID, the server should check ALL of the following EXCEPT:
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