BILL ANALYSIS
Bill No: AB
1896
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Roderick D. Wright, Chair
2009-2010 Regular Session
Staff Analysis
AB 1896 Author: Jeffries
As Amended: May 28, 2010
Hearing Date: June 29, 2010
Consultant: Art Terzakis
SUBJECT
Alcoholic Beverage Control: proof of age
DESCRIPTION
AB1896 recasts a section of the Alcoholic Beverage Control
(ABC) Act related to proof-of-age and identity to purchase
alcoholic beverages, in order to provide clarity.
EXISTING LAW
Existing law establishes the Department of Alcoholic
Beverage Control (ABC) and grants it exclusive authority to
administer the provisions of the ABC Act in accordance with
laws enacted by the Legislature.
Existing law 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.
Existing law 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
AB 1896 (Jeffries) continued
Page 2
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.
BACKGROUND
Purpose of AB 1896: According to the sponsor of this
measure, the Department of ABC, AB 1896 is simply intended
to add clarity to Section 25660 of the Business and
Professions Code relating to "proof-of-age." This measure
will remove the ambiguity that exists in current law and
make it easier for ABC and other law enforcement agencies
to enforce, and licensees and the general public to
understand the law.
Current Problem: AB 1191 (Conway, Chapter 142, Statutes of
2009) authorized U.S. and foreign passports to be used as
identification to purchase and consume alcoholic beverages.
While the stated intent of AB 1191 was to allow passports
to be considered acceptable forms of identification, it
also inadvertently removed the requirement for other forms
of bona fide identification to contain the presenter's
name, date of birth, description and picture, and only
required that they be issued by a governmental
organization. This significantly altered the definition of
bona fide evidence and left a military identification card
as the only document needing specific features to be
considered bona fide. These identifying features aid the
ABC and licensees in determining if identification is real
or fake.
AB 59 (Jeffries, Chapter 405, Statutes of 2009) deleted the
requirement that military identification used to purchase
or consume alcoholic beverages contain a physical
description. However, the language of Section 25660 of the
Business and Professions Code is now ambiguous.
Specifically, Subdivision (a) provides that military
identification must contain a physical description.
Subdivision (b) provides that military identification is
not required to contain a physical description. If a
military identification card contains a physical
description, further proof of age may be required.
However, if a military identification card only contains a
AB 1896 (Jeffries) continued
Page 3
date of birth and photo, further proof of age shall not be
required.
PRIOR/RELATED LEGISLATION
AB 1191 (Conway) Chapter 142, Statutes of 2009. Allowed
licensees selling alcoholic beverages to accept U.S. and
foreign passports as identification to purchase or consume
alcoholic beverages.
AB 59 (Jeffries) Chapter 405, Statutes of 2009. Provided
that, if a military identification card lacks a physical
description, but does include date of birth and a photo,
further proof of majority shall not be required to purchase
or consume any alcoholic beverages.
AB 764 (Calderon) Chapter 68, Statutes of 2005. Authorized
the acceptance of a military ID card as bona fide evidence
that a person is 21 years of age, provided that proof of
majority is further substantiated with other
identification, as specified.
SUPPORT: As of June 25, 2010:
California Department of Alcoholic Beverage Control
Family Winemakers of California
OPPOSE: None on file as of June 25, 2010.
FISCAL COMMITTEE: Senate Appropriations Committee
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