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AB-3117 Alcoholic beverages: evidence of majority and identity.(2023-2024)

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Date Published: 02/16/2024 02:00 PM
AB3117:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 3117

Introduced by Assembly Member Wilson

February 16, 2024

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


LEGISLATIVE COUNSEL'S DIGEST


AB 3117, as introduced, Wilson. Alcoholic beverages: evidence of majority and identity.
Existing law, the Alcoholic Beverage Control Act, establishes the Department of Alcoholic Beverage Control to prohibit unlicensed manufacturing, selling, and disposing of alcoholic beverages, among other things. Under existing law, it is a misdemeanor for a person under the age of 21 years to purchase or consume an alcoholic beverage, as provided. 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 an alcoholic beverage to a person under the age of 21 years. Existing law specifies documents, including, among others, a valid motor vehicle operator’s license issued by the state, that are bona fide evidence of majority and identity of a person and makes reliance upon that evidence a defense to a criminal action against the licensee.
Existing law authorizes the Department of Motor Vehicles to establish a pilot program to evaluate the use of optional mobile or digital alternatives to driver’s licenses and identification cards.
This bill would make a mobile or digital driver’s license or identification card bona fide evidence of majority and identity of a person provided the Department of Motor Vehicles authorizes the use of those licenses or identification cards without the possession of a physical driver’s license or identification card.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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) 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.
(B) This paragraph includes a digital driver’s license or identification card that validates the holder’s age as being 21 years or older and is issued pursuant to Section 13020 of the Vehicle Code provided that the Department of Motor Vehicles authorizes the use of a digital driver’s license or identification card without possession of a physical driver’s license or state-issued identification card.
(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 their 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.