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, but the server must add a 25% surcharge
b.Yes, always — expiration is irrelevant
c.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
d.No, never — expired IDs are automatically fake
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?
Last reviewed: · editorial process
Sen Lin, PrepPass Founder · Verified against California RBS Alcohol Server Exam · How we review