Civil & Criminal LiabilityQuestion 87 of 100
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?
a.§25660 provides a complete affirmative defense — the server is not guilty of §25658
b.The fine is reduced by half but the server is still guilty
c.The licensee is liable but the server is not
d.There is no defense — §25658 is a strict liability offense with no defenses
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 §25660Practice all 100 questions free — no signup required.
Related questions on this topic
- Under California's doctrine of respondeat superior, when a server makes an unlawful sale under §25602, the licensee/employer can be held:
- ABC may suspend or revoke an alcohol license under §24200 for multiple grounds. Which of the following is a common ground?
- The burden of proof for a criminal §25602 prosecution against a server is:
- California Civil Code §1431.2 (Proposition 51) governs how non-economic damages are allocated in a multi-defendant case. Under this rule, a defendant licensee held civilly liable in a §25602.1 minor case is responsible for:
- Which of the following plaintiffs can bring a §25602.1 civil dram-shop suit in California?
- Even though California generally does not impose dram-shop liability for serving obviously intoxicated ADULTS, why should an RBS-certified server still strictly enforce §25602 refusals on adult patrons?
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