Special SituationsQuestion 92 of 100

A visibly pregnant adult patron orders a glass of wine. Under California law, the server:

a.Must refuse — it is illegal to serve alcohol to a pregnant person
b.May serve the drink — there is no California law prohibiting service to pregnant adults, but the establishment must post the Prop 65 pregnancy warning required by Health & Safety Code §25249.6 and may provide a polite reminder of health guidance
c.Must require a doctor's note before serving
d.Must call the police

Explanation

No California statute prohibits serving alcohol to a pregnant adult who is otherwise of age and not intoxicated; doing so would be sex/pregnancy discrimination under the Unruh Act. However, California Proposition 65 (Health & Safety Code §25249.6) requires licensed establishments to post the warning that drinking during pregnancy can cause birth defects. The server may serve, but may also offer non-alcoholic options. Refusing solely because of pregnancy creates discrimination exposure.

Law Reference: Cal. Bus. & Prof. Code §25658; Cal. Health & Safety Code §25249.6 (Prop 65)

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