Civil & Criminal LiabilityQuestion 90 of 100
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?
a.Because §25602 is a criminal misdemeanor exposing the individual server to prosecution, the licensee to ABC discipline and license loss, and the establishment to ordinary negligence claims and reputational harm
b.Because dram-shop liability secretly does apply to all adult cases
c.Because every refusal earns a state cash bonus
d.Because §25602 only applies to bartenders, not servers
Explanation
Even without §25602.1 civil exposure for adult patrons, the criminal misdemeanor (§25602), ABC license discipline (§24200), and general negligence claims (e.g., 'negligent oversight,' premises liability where the intoxicated patron assaults another guest) all remain. Establishments routinely lose lawsuits and licenses over §25602 violations. There is no cash bonus (c), and §25602 applies to anyone who sells, furnishes, or gives the alcohol (d).
Law Reference: Cal. Bus. & Prof. Code §25602, §25602.1; RBS CurriculumPractice 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:
- 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?
- 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?
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