Cal. Code Regs. tit. 4 § 165

Current through Register 2024 Notice Reg. No. 49, December 6, 2024

Section 165 - Curriculum Requirements for Intervention Techniques to Prevent the Service or Sale of Alcoholic Beverages to Underage Persons or Intoxicated Patrons

(a) Checking identification (ID) of patrons prior to serving alcohol.

(1) Twenty-one is the minimum age for a person to legally purchase or consume alcoholic beverages in California.

(2) If prior to serving alcohol an alcohol server diligently inspects a patron's ID and reasonably concludes it is legally acceptable (even if it turns out to be a fake ID), and the appearance of the minor indicates the minor could be twenty-one years of age or older, the alcohol server has a defense to a charge of selling to a minor.

(b) Characteristics of a legally acceptable ID:

(1) Issued by a government agency;

(2) Contains the name, date of birth, photograph, and physical description of the ID holder; and

(3) A valid expiration date.

(c) Legally acceptable ID's including the information found in Business and Professions Code § 25660:

(1) State issued driver's licenses and identification cards;

(2) Military ID's, even without a physical description of the ID holder;

and

(3) Government issued passports, even without a physical description of the ID holder.

(d) Unacceptable ID's:

(1) Expired ID;

(2) School or Work ID;

(3) Obviously altered ID;

(4) ID belonging to someone else; and

(5) Interim or temporary state issued driver licenses.

(e) Elements of a valid California Real ID.

(f) Elements of a valid California Federal Non-Compliant ID.

(g) Indicators of a false ID:

(1) Photograph appears raised or altered;

(2) Thickness of the card, too thick or too thin;

(3) Lumps, bumps, or creases on the surface of the card;

(4) The card can be peeled apart;

(5) Alterations of the birthdate; and

(6) Signature written in ink.

(h) Techniques for checking ID:

(1) Physically hold the ID;

(2) Look at the front and back of the ID;

(3) Compare the photograph to the ID holder;

(4) Compare the physical description to the ID holder;

(5) Verify the information on the card by asking questions of the ID holder;

(6) Compare the signature on the ID to a fresh signature given by the ID holder; and

(7) Check for security features visible by UV light or flashlight.

(i) The alcohol server's right to refuse service of alcoholic beverages, information contained in Business and Professions Code § 25659.

(j) Avoiding service to obviously intoxicated patrons:

(1) Use effective listening and visual cues to determine when patrons have become obviously intoxicated; and

(2) Do not advocate for continued drinking when one patron attempts to buy a beverage for another patron who no longer wants a beverage.

(k) When to refuse service:

(1) If a patron's ID is invalid;

(2) If the patron becomes belligerent;

(3) If a patron is obviously intoxicated either by alcohol, medication, or recreational or illegal drugs;

(4) If a patron requests service outside the hours of operation; and

(5) If a server has any doubts about any of the preceding factors.

(l) Techniques for an alcohol server refusing service to a patron:

(1) Be courteous but firm in telling patrons they can no longer be served;

(2) Be quiet and discrete;

(3) Be assertive in the decision to stop alcoholic beverage service;

(4) Focus on statements about the alcohol server's duty and liability not to serve;

(5) Do not bargain with the patron;

(6) The server should inform managers and co-workers of the decision, identity of the person, and reasons the person should no longer be served alcohol;

(7) Inform other members of the patron's group, if any; and

(8) Offer a glass of water, non-alcoholic beverage, or food item.

(m) Identifying persons under the influence of medication or recreational or illegal drugs.

(1) Depressants:

(A) Define what a depressant is;

(B) Identify common depressants; and

(C) Identify signs of a patron being under the influence of a depressant.

(2) Stimulant:

(A) Define what a stimulant is;

(B) Identify common stimulants; and

(C) Identify signs of a patron being under the influence of a stimulant.

(3) Hallucinogenic (psychedelics):

(A) Define what a hallucinogenic is;

(B) Identify common types of hallucinogenic; and

(C) Identify signs of a patron being under the influence of a hallucinogenic.

Cal. Code Regs. Tit. 4, § 165

1. New section filed 5-20-2020; operative 5-20-2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 21).

Note: Authority cited: Sections 25681(a) and 25685(a), Business and Professions Code. Reference: Section 25680(c)(4), Business and Professions Code.

1. New section filed 5-20-2020; operative 5/20/2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 21).