Is it legal for a bar in California to only accept a California Drivers License?

[Nick R]

Jurisdiction

California

Question: is it legal for a bar in California to only accept a California State Drivers License as the prerequisite for entering the bar? What is the legal precedent for it in either federal or state law? And why does a passport or military ID not work?

Situation: A bar in California (right near a military base) only accepts a California Drivers license to enter the bar. They do this in order to prevent military members from entering the bar (not stated, but obvious). My Texas ID, military ID, and passport do not work. I could try to enter the bar stone cold sober dressed like everyone else and not causing a rucus, so the issue is strictly ID. I legitimately want to know if this is legal because I would love to sue them. Coming back from 2 years abroad in Japan, being denied from bars for being foreign, then to come back home and not be allowed into a bar is beyond insulting.

 

[army judge]

Here you go, mate:

Accepted Forms of ID:

The ABC recommends the licensees accept only "Bona Fide" identification which are currently valid, issued by a Government Agency and contain the following criteria: Name of person, Photograph, Physical description, Date of birth, Issued by a Governmental Agency and must be valid (not expired). Relying on identification using these 6 elements provides a legal defense to a violation of California Code Section 25658. For additional information see Sections 25668-25660 of the B&P Code.

https://www.servsafe.com/downloads/pdfs/ssa-key-laws/california

More, as of 2010:

Effective January 1, 2010, Assembly Bills 59 and 1191 will become law and amend Section 25660 as follows (new provisions are in bold):
"Business and Professions Code Section 25660.
a. bona fide evidence of majority and identity of the person is a document issued by a federal, state, county or municipal government, or subdivision of agency thereof, including, but not limited to, a motor vehicle operator's license, an identification card issued to a member of the Armed Forces that contains the name, date of birth, description, and picture of the person, or a valid passport issued by the United States or by a foreign government.
b. In the event an identification card issued to a member of the Armed Forces is provided as proof of majority and lacks a physical description, but does include date of birth and a photo, further proof of majority shall not be required.
c. 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 therefore or to any proceedings for the suspension or revocation of any license based thereon."

https://www.pillsburylaw.com/images/content/2/9/2950.pdf

Off you go, mate, sue the rotten SOB.

 

[mightymoose]

While various forms of identification may be acceptable, I don't believe they MUST be accepted. I don't believe there is anything prohibiting an establishment from restricting the list to just one form of ID, as it is the business that has the responsibility of ensuring its customers are of age and it may establish its own policies in doing so. So long as it verifies the age of patrons using an acceptable ID it limits its liability.
This situation makes me wonder if sometime in the past this business was fined or otherwise had it's license put in jeopardy due to underage patrons.

I think your solution here is to go to the CA DMV and get yourself a state ID card.

 

[Highwayman]

If drinking in bars is that important in your life then maybe you need to re-evaluate your priorities.

 

[adjusterjack]

If drinking in bars is that important in your life then maybe you need to re-evaluate your priorities.

I would normally have said the same thing but when I was in the Army drinking in bars (and picking up loose women) was a priority.

 

[cbg]

It seems to me that AJ's link lists what *may* be accepted, not what *must* be accepted.

 

[Nick R]

AJ, thanks for the information. So I guess my new questions are:

1. is it legal for a bar to not accept government ID? (Now knowing it is valid in CA and can prevent the establishment from getting sued if underage)

2. Is it legal for a bar to deny service to US citizens who are not residents of CA?

And Highwayman, it's about principles.

 

[mightymoose]

No shirt, no shoes, no service. Think about it.

For better or worse,the establishment can set it's own rules. Unless it touches on some protected class (race, religion, etc) it won't amount to much. There could be very legitimate reasons why they require a CA ID. It might just be easier for them to verify

 

[army judge]

AJ, thanks for the information. So I guess my new questions are:

1. is it legal for a bar to not accept government ID? (Now knowing it is valid in CA and can prevent the establishment from getting sued if underage)

2. Is it legal for a bar to deny service to US citizens who are not residents of CA?

And Highwayman, it's about principles.

I suggest you ask your questions of your CA ABC.


California ABC -Contact Us

My guess is that the law was different prior to 2010, but your ABC would likely by THE definitive source on all things ADULT BEVERAGE SERVICE.

 

[cbg]

Unless you can find a law that says they cannot limit themselves to CA ID's, yes, it's legal.

 

[ElleMD]

My suspicion is that this particular establishment has gotten in trouble for accepting "out of state" licenses that were of dubious origin and rather than school the bouncer or bartender on the what a legal ID looks like from all 50 states, they have made a blanket policy that they will only accept those from the state where they are located. It surely limits their clientele particularly if they are in an area with a large out of state or tourist population, but state residency is not a legally protected characteristic under the law.