ID VerificationQuestion 74 of 100
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?
a.Yes, always — expiration is irrelevant
b.No, never — expired IDs are automatically fake
c.Yes, but the server must add a 25% surcharge
d.Many establishments require a non-expired ID as policy; legally, §25660 contemplates a 'valid' identification, so accepting an expired ID weakens the licensee's statutory defense — best practice is to refuse
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 (c) is not lawful.
Law Reference: Cal. Bus. & Prof. Code §25660Practice all 100 questions free — no signup required.
Related questions on this topic
- When verifying an ID, the server should check ALL of the following EXCEPT:
- Which of the following is a common physical security feature on a genuine California driver license that helps detect counterfeits?
- A patron hands their ID to a friend who hands it to the bartender. The photo and birth date appear to match the friend handing it over, but not the original patron. The bartender should:
- A foreign tourist presents a national identity card from another country (not a driver license, not a passport). May this be accepted under §25660?
- When a server is checking an ID and the patron seems unusually nervous, looks away, fumbles with their wallet, or quickly tries to retract the ID, the server should:
- A patron's ID lists a date of birth that makes them 21 today (their actual 21st birthday). May the server lawfully sell alcohol to them?
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