Identification BasicsA very important step for the prevention of illegal sales to minors is adequate training of staff on what the policies and laws are regarding the sale of alcohol. Staff must know what to look for when checking ID’s to be able to prevent the sale. They must also know how to deal with the customer once a suspected false/counterfeit ID is presented. Show
The legal drinking age in California is 21. You are never required to sell or serve alcohol to anyone. A person does not have a legal “right” to buy alcohol, but you have a legal right to refuse service to anyone who cannot produce adequate evidence of their age. If you have any doubts about an identification, you should refuse the sale of alcoholic beverages. However, it is important to remember that you cannot discriminate as to race, color, sex, religion, ancestry, disability, marital status, sexual orientation, or national origin, among other things. Persons under the age of 21 are not protected by age discrimination laws when it comes to the sale or service of alcoholic beverages. Bona Fide IdentificationBona fide (legally acceptable) identification is one card that contains these six characteristics:
Examples of Identification that could be bona fide
Examples of Identification that are not bona fide
A business may have a company policy that is stricter than the law; e.g., “Only California driver licenses/identifications are accepted” or “anyone purchasing alcoholic beverages MUST present an identification, regardless of age.” System for Checking IdentificationABC recommends you check identification in a methodical and systematic manner. A simple acronym to help people remember how to check identification and spot false or borrowed identification is by using the F-L-A-G system.
Sellers of alcoholic beverages should also ask customers to remove the identification from wallets/ID holders in order to physically handle the card. This will help to properly examine the identification. “F” = FEEL
Identifications may also contain security features such as:
“L” = LOOKTake your time looking at the identification in your hand. Know what to look for:
“A” = ASK QUESTIONSIf you suspect that an identification is fake, ask the ID holder questions. If they don’t know the answers or get nervous, you probably have a fake ID on your hands. Here are some questions you can ask the cardholder to help determine if their ID is fake.
“G” = GIVE BACKIf the identification passes the feel, look and questions tests, give it back to the customer and make the sale. If it does not, refuse the sale and then, either give the ID back or seize it, depending on your company’s policy. You have a right to refuse service to minors. If you seize an ID, here are the requirements per Section 25659 of the Business and Professions Code:
Good I.D. PoliciesThe following are some good ID policies:
Identifying Minors (and how they may try to fool you)Be aware that minors may look and act in ways to deceive you. Some minors may look or act young and others may look or act older to confuse you about their true age. Identifying Minors:
Laws Applying to False Document and Identification CrimesMisdemeanors are punishable by up to one year in county jail, while felonies are punishable by state prison time. California Vehicle Code Sections
Penal Code Sections
Business and Professions Code Sections
Who must you ask to show proof of age ID when buying alcohol?All retailers are required by law to have a proof of age policy for the sale of alcohol which, as a minimum, requires individuals who appear to the person serving alcohol to be under the age of 18 years of age to produce on request (before being served alcohol) appropriate identification.
Can you buy alcohol with a minor present in Florida?Note that unlike other states, Florida does not allow parents to authorize underage alcohol possession at home, and it prohibits selling or giving alcohol to minors, even if it is parents buying alcohol for minors. It is illegal for parents to allow their minor child to consume alcohol even in a licensed establishment.
Is it mandatory by state law for you to card everyone who attempt to purchase alcohol in Tennessee?Not true. Tennessee law does not require on-premise purveyors of alcohol to card everyone. In fact, state law does not require that a bar, restaurant, hotel or other liquor-by-the-drink establishment card anyone.
Can you buy alcohol with a minor next to you?There is NO law that states the cashier must sell the alcohol to just anyone in a group showing proof of age.
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