Existing law, the Alcoholic Beverage Control Act, establishes the Department of Alcoholic Beverage Control for the regulation of licenses or the manufacture, distribution, and sale of alcoholic beverages within the state. Existing law prescribes various penalties for violations of the act, including that every person who sells, furnishes, gives, or causes to be sold, furnished, or given away any alcoholic beverage to any person under 21 years of age is guilty of a misdemeanor. Existing law provides that a licensee’s acceptance of bona fide evidence, as defined, or utilization of a biometric system constitutes a defense to any prosecution or proceedings against the licensee, as specified.

This bill would provide that the use of an active age verification software or an age verification device, as provided, to establish the age of a purchaser of alcoholic beverages that fails to identify a false identification card is considered evidence in any prosecution or proceedings against the licensee, as specified, if the identification is bona fide evidence and was physically inspected, is seemingly legitimate, and matches the physical appearance of the customer.