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.The fine is reduced by half but the server is still guilty
b.There is no defense — §25658 is a strict liability offense with no defenses
c.The licensee is liable but the server is not
d.§25660 provides a complete affirmative defense — the server is not guilty of §25658
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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