If a server is criminally charged with a §25658 sale-to-minor violation but presents proof that they checked a bona fide §25660 ID in good faith, what is the legal effect?
Explanation
Bus. & Prof. Code §25660 provides an affirmative defense to a §25658 prosecution when the server demanded and was shown bona fide identification described in the statute (DMV license/ID, military ID, passport) and acted in good-faith reliance on it. The defense is a key reason servers should never skip carding any patron who might be under 30 — it transforms a strict-looking offense into one with a powerful safe harbor.
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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