Section 165 - Curriculum Requirements for Intervention Techniques to Prevent the Service or Sale of Alcoholic Beverages to Underage Persons or Intoxicated Patrons, Cal. Code Regs. tit. 4 § 165 (2024)

(a) Checking identification (ID) of patrons prior to serving alcohol.

(1) Twenty-one is the minimum age for a person to legally purchase or consume alcoholic beverages in California.

(2) If prior to serving alcohol an alcohol server diligently inspects a patron's ID and reasonably concludes it is legally acceptable (even if it turns out to be a fake ID), and the appearance of the minor indicates the minor could be twenty-one years of age or older, the alcohol server has a defense to a charge of selling to a minor.

(b) Characteristics of a legally acceptable ID:

(1) Issued by a government agency;

(2) Contains the name, date of birth, photograph, and physical description of the ID holder; and

(3) A valid expiration date.

(c) Legally acceptable ID's including the information found in Business and Professions Code § 25660:

(1) State issued driver's licenses and identification cards;

(2) Military ID's, even without a physical description of the ID holder;

and

(3) Government issued passports, even without a physical description of the ID holder.

(d) Unacceptable ID's:

(1) Expired ID;

(2) School or Work ID;

(3) Obviously altered ID;

(4) ID belonging to someone else; and

(5) Interim or temporary state issued driver licenses.

(e) Elements of a valid California Real ID.

(f) Elements of a valid California Federal Non-Compliant ID.

(g) Indicators of a false ID:

(1) Photograph appears raised or altered;

(2) Thickness of the card, too thick or too thin;

(3) Lumps, bumps, or creases on the surface of the card;

(4) The card can be peeled apart;

(5) Alterations of the birthdate; and

(6) Signature written in ink.

(h) Techniques for checking ID:

(1) Physically hold the ID;

(2) Look at the front and back of the ID;

(3) Compare the photograph to the ID holder;

(4) Compare the physical description to the ID holder;

(5) Verify the information on the card by asking questions of the ID holder;

(6) Compare the signature on the ID to a fresh signature given by the ID holder; and

(7) Check for security features visible by UV light or flashlight.

(i) The alcohol server's right to refuse service of alcoholic beverages, information contained in Business and Professions Code § 25659.

(j) Avoiding service to obviously intoxicated patrons:

(1) Use effective listening and visual cues to determine when patrons have become obviously intoxicated; and

(2) Do not advocate for continued drinking when one patron attempts to buy a beverage for another patron who no longer wants a beverage.

(k) When to refuse service:

(1) If a patron's ID is invalid;

(2) If the patron becomes belligerent;

(3) If a patron is obviously intoxicated either by alcohol, medication, or recreational or illegal drugs;

(4) If a patron requests service outside the hours of operation; and

(5) If a server has any doubts about any of the preceding factors.

(l) Techniques for an alcohol server refusing service to a patron:

(1) Be courteous but firm in telling patrons they can no longer be served;

(2) Be quiet and discrete;

(3) Be assertive in the decision to stop alcoholic beverage service;

(4) Focus on statements about the alcohol server's duty and liability not to serve;

(5) Do not bargain with the patron;

(6) The server should inform managers and co-workers of the decision, identity of the person, and reasons the person should no longer be served alcohol;

(7) Inform other members of the patron's group, if any; and

(8) Offer a glass of water, non-alcoholic beverage, or food item.

(m) Identifying persons under the influence of medication or recreational or illegal drugs.

(1) Depressants:

(A) Define what a depressant is;

(B) Identify common depressants; and

(C) Identify signs of a patron being under the influence of a depressant.

(2) Stimulant:

(A) Define what a stimulant is;

(B) Identify common stimulants; and

(C) Identify signs of a patron being under the influence of a stimulant.

(3) Hallucinogenic (psychedelics):

(A) Define what a hallucinogenic is;

(B) Identify common types of hallucinogenic; and

(C) Identify signs of a patron being under the influence of a hallucinogenic.

Cal. Code Regs. Tit. 4, § 165

1. New section filed 5-20-2020; operative 5-20-2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 21).

Note: Authority cited: Sections 25681(a) and 25685(a), Business and Professions Code. Reference: Section 25680(c)(4), Business and Professions Code.

1. New section filed 5-20-2020; operative 5/20/2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 21).