Existing law, the Alcoholic Beverage Control Act, contains various provisions regulating the application for, the issuance of, and the suspension of alcoholic beverage licenses by the Department of Alcoholic Beverage Control. Existing law makes the sale of an alcoholic beverage to a person under 21 years of age a misdemeanor and authorizes a licensee to refuse to sell or serve alcoholic beverages to a person who is unable to produce adequate proof of age, including a document issued by a federal, state, county, or municipal government, a valid passport, or a valid identification card issued to a member of the Armed Forces, as specified. Existing law provides that a licensee’s acceptance of one of these documents constitutes a defense to any prosecution or proceedings against the licensee, as specified.

Existing law makes it a crime to operate a vehicle while under the influence of alcohol or drugs, and sets forth the penalties for a violation of these provisions. Under existing law, if a person is convicted of a driving under the influence violation and the offense occurs within 10 years of one or more separate driving under the influence violations that resulted in convictions, the offense is subject to escalating fines, suspensions, and other sanctions.

This bill would require a court, when imposing a sentence for certain driving under the influence offenses to prohibit the person from purchasing alcohol for a period of 3 to 10 years and would require the Department of Motor Vehicles to issue an identification card or driver’s license with an appropriate designation on the face upon the receipt of an abstract of the record of a court. The bill would require the court to consider certain factors in imposing the prohibition.

This bill would also require any person who sells or furnishes alcoholic beverages to request and review bona fide evidence of majority and identity, as defined, and would make a violation of this requirement a misdemeanor. The bill would also make the sale of an alcoholic beverage to an individual who provides the seller with an identification card or driver’s license displaying the described designation prohibiting the purchase of alcohol punishable as a misdemeanor.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.