BILL NUMBER: AB 1896	CHAPTERED
	BILL TEXT

	CHAPTER  165
	FILED WITH SECRETARY OF STATE  AUGUST 23, 2010
	APPROVED BY GOVERNOR  AUGUST 23, 2010
	PASSED THE SENATE  AUGUST 5, 2010
	PASSED THE ASSEMBLY  JUNE 2, 2010
	AMENDED IN ASSEMBLY  MAY 28, 2010
	AMENDED IN ASSEMBLY  APRIL 19, 2010

INTRODUCED BY   Assembly Member Jeffries

                        FEBRUARY 16, 2010

   An act to amend Section 25660 of the Business and Professions
Code, relating to alcoholic beverages.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1896, Jeffries. Alcoholic beverage control: proof of age.
   The Alcoholic Beverage Control Act makes it a misdemeanor for any
person under the age of 21 years to purchase any alcoholic beverage
or consume any alcoholic beverage in any on-sale premises. The act
also subjects a holder of a license to sell alcoholic beverages to
criminal prosecution and suspension or revocation of that license if
the licensee sells any alcoholic beverages to any person under the
age of 21 years. Existing law provides that a licensee's acceptance
of bona fide evidence, as defined, constitutes a defense to any
action against the licensee. Existing law requires that evidence to
contain a description of the person.
   Existing law includes, as bona fide evidence of age, a military
identification card issued to a member of the Armed Forces that
contains, among other things, a description of the cardholder.
Existing law also provides, however, that, if the military
identification card lacks a physical description but does include
date of birth and a photo, further proof of age is not required.
   This bill would revise the provision relating to the use of
military identification cards as proof of age for purposes of
purchasing or consuming alcoholic beverages, to directly specify that
a valid identification card issued to a member of the Armed Forces
that includes the date of birth and a photo of the person would,
under all circumstances, constitute bona fide evidence of age.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 25660 of the Business and Professions Code is
amended to read:
   25660.  (a) Bona fide evidence of majority and identity of the
person is any of the following:
   (1) A document issued by a federal, state, county, or municipal
government, or subdivision or agency thereof, including, but not
limited to, a valid motor vehicle operator's license, that contains
the name, date of birth, description, and picture of the person.
   (2) A valid passport issued by the United States or by a foreign
government.
   (3) A valid identification card issued to a member of the Armed
Forces that includes a date of birth and a picture of the person.
   (b) Proof that the defendant-licensee, or his or her employee or
agent, demanded, was shown, and acted in reliance upon bona fide
evidence in any transaction, employment, use, or permission forbidden
by Section 25658, 25663, or 25665 shall be a defense to any criminal
prosecution therefor or to any proceedings for the suspension or
revocation of any license based thereon.