Existing law, the Alcoholic Beverage Control Act, makes it a misdemeanor for any person under 21 years of age to purchase any alcoholic beverage or consume any alcoholic beverage in any onsale premises. 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 any alcoholic beverages to any person under 21 years of age. Existing law provides that a licensees acceptance of bona fide evidence, as defined, constitutes a defense to any prosecution or proceedings against the licensee, as specified.

This bill would also make the utilization of a biometric system, as defined, a defense to any criminal prosecution or proceedings against the licensee. The bill would require the biometric system to be based upon a review of bona fide evidence of majority and identity of a person and that verifies and authenticates the validity of that bona fide evidence.

Existing law, the Alcoholic Beverage Control Act, makes it a misdemeanor for any person under 21 years of age to purchase any alcoholic beverage or consume any alcoholic beverage in any onsale premises. 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 any alcoholic beverages to any person under 21 years of age. Existing law provides that a licensees acceptance of bona fide evidence, as defined, constitutes a defense to any prosecution or proceedings against the licensee, as specified.

This bill would also make the utilization of a biometric system, as defined, a defense to any criminal prosecution or proceedings against the licensee. The bill would require the biometric system to be based upon a review of bona fide evidence of majority and identity of a person and that verifies and authenticates the validity of that bona fide evidence.

Existing law, the Alcoholic Beverage Control Act, makes it a misdemeanor for any person under 21 years of age to purchase any alcoholic beverage or consume any alcoholic beverage in any onsale premises. 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 any alcoholic beverages to any person under 21 years of age. Existing law provides that a licensees acceptance of bona fide evidence, as defined, constitutes a defense to any prosecution or proceedings against the licensee, as specified.

Existing law, the Alcoholic Beverage Control Act, makes it a misdemeanor for any person under 21 years of age to purchase any alcoholic beverage or consume any alcoholic beverage in any onsale premises. 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 any alcoholic beverages to any person under 21 years of age. Existing law provides that a licensees acceptance of bona fide evidence, as defined, constitutes a defense to any prosecution or proceedings against the licensee, as specified.

This bill would also make reliance upon a system that reviews bona fide evidence of majority and biometrics to determine the age and identity of a person before admittance into a premises where alcoholic beverages may be lawfully purchased a defense to any criminal prosecution or proceedings against the licensee, as specified.

 UNFINISHED BUSINESS  

Bill No: SB 1371

Author: Bradford (D)

Amended: 6/12/24

Vote: 21

SENATE GOVERNMENTAL ORG. COMMITTEE: 16-0, 4/23/24

AYES: Dodd, Wilk, Alvarado-Gil, Archuleta, Ashby, Bradford, Glazer, Jones, Nguyen, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Smallwood-Cuevas

SENATE FLOOR: 38-0, 5/2/24 (Consent)

AYES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Jones, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk

NO VOTE RECORDED: Hurtado, Laird

ASSEMBLY FLOOR: 75-0, 8/28/24 - See last page for vote

SUBJECT: Alcoholic beverage control: proof of age

SOURCE: Murphy’s Bowl

DIGEST:

This bill makes reliance upon a system that reviews bona fide evidence of majority and biometrics to determine age and identity of a person before admittance into a premises where alcoholic beverages may be lawfully purchased a defense to any criminal prosecution or proceedings against a licensee.

Assembly Amendments

define “biometrics” to mean the unique characteristics of a person, including, but not limited to, fingerprints, iris, face, or other similar biometric characteristics, or any combination thereof, and “biometric system” to mean technology that links the identity of a person to that person’s biometrics.

ANALYSIS:

Existing law:

1. 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. This involves licensing individuals and businesses associated with the manufacture, importation, and sale of alcoholic beverages in this state and the collection of license fees.
2. Establishes the Responsible Beverage Service (RBS) Training program that requires the Department of ABC to develop, implement, and administer a curriculum for an RBS training program for servers of alcohol and their managers, as specified. Alcohol servers are required to successfully complete an RBS training course offered or authorized by the department of ABC.
3. Makes it a misdemeanor for any person under 21 years of age to purchase any alcoholic beverage or consume any alcoholic beverage in any on-sale premises.
4. 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 21 years of age.
5. Provides that a licensee’s acceptance of bona fide evidence, as defined, constitutes a defense to any prosecution or proceedings against the licensees, as specified.
6. Provides that bona fide evidence of majority and identity of the person is any of the following:
   1. A document issued by a federal, state, county or municipal government, or subdivision therefore including but not limited to, a valid motor vehicle operator’s license, that contains the name, date of birth, description, and a picture of the person.
   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.

This bill:

1. Makes reliance upon a system that reviews bona fide evidence of majority and biometrics to determine age and identity of a person before admittance into a premises where alcoholic beverages may be lawfully purchased a defense to any criminal prosecution or proceedings against a licensee.
2. Defines “biometrics” to mean the unique characteristics of a person, including, but not limited to, fingerprints, iris, face, or other similar biometric characteristics, or any combination thereof.
3. Defines “biometric system” to mean technology that links the identity of a person to that person’s biometrics.

Background

Author Statement. According to the author’s office, “SB 1371 would include the use of biometrics technology along with a government ID check as eligible for the affirmative defense for alcoholic beverage retail licensees. Allowing the use of this technology as an affirmative defense will further improve the safety of alcohol sales and expedite purchases, especially at larger venues.”

Selling Alcohol to Minors. Except as otherwise provided in the ABC Act, every person who sells, furnishes, or gives any alcoholic beverage to any person under the age of 21 years is guilty of a misdemeanor. Any on-sale licensee who knowingly permits a person under the age of 21 to consume any alcoholic beverage, whether or not the licensee has knowledge that the person is under the age of 21, is guilty of a misdemeanor.

Under the ABC Act, bona fide evidence of majority and identity of the person is any of the following: 1) 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; 2) a valid passport issued by the United States or by a foreign government; and 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.

The ABC Act provides that if the licensee, or his or her employee, was shown any of these documents, and that licensee or employee relied on that identification as proof of the individual’s age, then that shall be a defense to any criminal prosecution or to any proceedings for the suspension or revocation of their license. This bill makes reliance upon a system that reviews bona fide evidence of majority and biometrics to determine age and identity of a person before admittance into a premises where alcoholic beverages may be lawfully purchased a defense to any criminal prosecution or proceedings against a licensee. In other words, this bill provides that if a licensee or an employee relies upon a biometric ID system to verify the age of the customer, that licensee or employee would not be liable for prosecution to any criminal prosecution or to any proceedings for the suspension or revocation of their license.

The ABC Act authorizes any licensee, or his or her employee, to refuse to sell or serve alcoholic beverages to any person who is unable to produce adequate written evidence that he or she is over the age of 21 years. A licensee may seize any identification presented by a person that shows the person to be under the age of 21 years or that is false, so long as a receipt is given to the person from whom the identification is seized and the seized identification is given within 24 hours of seizure to the local law enforcement agency.

Biometric ID Systems. Biometric ID systems use unique biological characteristics such as fingerprints, iris patterns, facial features, or DNA to verify a person’s identity. These systems convert these biological traits into digital data and use that data to authenticate individuals for various purposes like accessing secure locations, devises, or financial transactions.

Additionally, biometric ID systems can be used for alcohol sales to verify the age of the purchaser. For example, a fingerprint scanner or facial recognition system can be integrated into a point-of-sale system at a liquor store, bar, or stadium. Before completing the sale, the customer would be required to provide their biometric data for age verification. If the system determines that the individual is of legal drinking age based on their biometric information, the transaction can be completed. Supporters of biometric ID systems argue that using biometrics are a safer and more efficient way of determining an individuals’ age and that it helps prevent underage individuals from purchasing alcohol because it’s more reliable than traditional ID verification.

Intuit Dome, the future home of the Los Angeles Clippers, is planning on using CLEAR – an age verification system that allows customers to digitally verify their age by simply scanning the customers face. Several venues in the United States are already using these types of systems for age verification. For example, at Allegiant Stadium in Las Vegas, fans enrolled in CLEAR’s ID system can order alcohol from their seats using facial recognition on their phones. Similarly, customers at a brewery in Coors Field can verify their age by waving their palms over a scanner, provided those customers are enrolled in Amazon’s One’s system – which can also be used to pay using their palm at Whole Foods.

Related/Prior Legislation

AB 3117 (Wilson, 2024) makes a mobile or digital driver’s license or identification card a bona fide evidence of majority and identity of a person provided the Department of Motor Vehicles or Department of ABC, authorizes the use of those licenses or identification cards without the possession of a physical driver’s license or identification card, as specified. (Held in the Assembly Appropriations Committee Suspense File)

AB 59 (Jeffries, Chapter 405, Statutes of 2009) provided that, if a military identification card lacks a physical description but does not include date of birth and photo, further proof of majority shall not be required to purchase or consume any alcoholic beverage, as specified.

AB 1191 (Conway, Chapter 142, Statutes of 2009) authorized the acceptance of a valid passport, issued by the United State government or foreign government, as bona fide evidence that a person is 21 years of age or older.

AB 764 (Calderon, Chapter 68, Statutes of 2005) established a process where in the event an ID card issued to a member of the Armed Forces is provided as proof of age 21 when purchasing alcoholic beverages, and the ID lacks a physical description, then proof of being age 21 may be further substantiated if a motor vehicle operator’s license or other valid bona fide identification issued by any government jurisdiction is also provided, as specified.

FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No

SUPPORT: (Verified 8/19/24)

Murphy’s Bowl (source)

CLEAR

Los Angeles Clippers

OPPOSITION: (Verified 8/19/24)

Alcohol Justice

ARGUMENTS IN SUPPORT: Supporters listed on this bill write, “The current law provisions were enacted many years ago prior to the availability of new technologies that can assist in confirming the age of individuals with increased accuracy. Since the advent of the COVID pandemic, many arenas and other venues have converted to electronic ticketing and purchase of concessions, etc. during events to limit the use of paper tickets and streamline the consumer experience when purchasing tickets and attending the events. Use of these advanced systems, whether at airports or sporting/concert venues assists with both security issues and confirming the age of potential consumers of alcoholic beverages prior to their admittance to the venue, resulting in greater compliance with age of purchase limitations.”

ARGUMENTS IN OPPOSITION: According to Alcohol Justice, “This bill will allow biometric scanning within a private venue to bolster a defense against an illegal sale to a minor. The bill contains nothing that supports this as a reliable and undeceivable mechanism, nor shows its noninferiority to a bona fide legal identifications. The algorithm by which it determines a customer’s age has not, to the best of our knowledge, been released to government experts to review and validate, and there’s nothing in the bill that expects it ever will.”

ASSEMBLY FLOOR: 75-0, 8/28/24

AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Maienschein, Mathis, McCarty, McKinnor, Stephanie Nguyen, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas

NO VOTE RECORDED: Cervantes, Lowenthal, Muratsuchi, Ortega

Prepared by: Felipe Lopez / G.O. / (916) 651-1530

8/29/24 8:37:00

**** END ****

 UNFINISHED BUSINESS  

Bill No: SB 1371

Author: Bradford (D)

Amended: 6/12/24

Vote: 21

SENATE GOVERNMENTAL ORG. COMMITTEE: 16-0, 4/23/24

AYES: Dodd, Wilk, Alvarado-Gil, Archuleta, Ashby, Bradford, Glazer, Jones, Nguyen, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Smallwood-Cuevas

SENATE FLOOR: 38-0, 5/2/24 (Consent)

AYES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Jones, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk

NO VOTE RECORDED: Hurtado, Laird

ASSEMBLY FLOOR: 55-0, 8/28/24 – Roll call not available

SUBJECT: Alcoholic beverage control: proof of age

SOURCE: Murphy’s Bowl

DIGEST:

This bill makes reliance upon a system that reviews bona fide evidence of majority and biometrics to determine age and identity of a person before admittance into a premises where alcoholic beverages may be lawfully purchased a defense to any criminal prosecution or proceedings against a licensee.

Assembly Amendments

define “biometrics” to mean the unique characteristics of a person, including, but not limited to, fingerprints, iris, face, or other similar biometric characteristics, or any combination thereof, and “biometric system” to mean technology that links the identity of a person to that person’s biometrics.

ANALYSIS:

Existing law:

1. 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. This involves licensing individuals and businesses associated with the manufacture, importation, and sale of alcoholic beverages in this state and the collection of license fees.
2. Establishes the Responsible Beverage Service (RBS) Training program that requires the Department of ABC to develop, implement, and administer a curriculum for an RBS training program for servers of alcohol and their managers, as specified. Alcohol servers are required to successfully complete an RBS training course offered or authorized by the department of ABC.
3. Makes it a misdemeanor for any person under 21 years of age to purchase any alcoholic beverage or consume any alcoholic beverage in any on-sale premises.
4. 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 21 years of age.
5. Provides that a licensee’s acceptance of bona fide evidence, as defined, constitutes a defense to any prosecution or proceedings against the licensees, as specified.
6. Provides that bona fide evidence of majority and identity of the person is any of the following:
   1. A document issued by a federal, state, county or municipal government, or subdivision therefore including but not limited to, a valid motor vehicle operator’s license, that contains the name, date of birth, description, and a picture of the person.
   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.

This bill:

1. Makes reliance upon a system that reviews bona fide evidence of majority and biometrics to determine age and identity of a person before admittance into a premises where alcoholic beverages may be lawfully purchased a defense to any criminal prosecution or proceedings against a licensee.
2. Defines “biometrics” to mean the unique characteristics of a person, including, but not limited to, fingerprints, iris, face, or other similar biometric characteristics, or any combination thereof.
3. Defines “biometric system” to mean technology that links the identity of a person to that person’s biometrics.

Background

Author Statement. According to the author’s office, “SB 1371 would include the use of biometrics technology along with a government ID check as eligible for the affirmative defense for alcoholic beverage retail licensees. Allowing the use of this technology as an affirmative defense will further improve the safety of alcohol sales and expedite purchases, especially at larger venues.”

Selling Alcohol to Minors. Except as otherwise provided in the ABC Act, every person who sells, furnishes, or gives any alcoholic beverage to any person under the age of 21 years is guilty of a misdemeanor. Any on-sale licensee who knowingly permits a person under the age of 21 to consume any alcoholic beverage, whether or not the licensee has knowledge that the person is under the age of 21, is guilty of a misdemeanor.

Under the ABC Act, bona fide evidence of majority and identity of the person is any of the following: 1) 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; 2) a valid passport issued by the United States or by a foreign government; and 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.

The ABC Act provides that if the licensee, or his or her employee, was shown any of these documents, and that licensee or employee relied on that identification as proof of the individual’s age, then that shall be a defense to any criminal prosecution or to any proceedings for the suspension or revocation of their license. This bill makes reliance upon a system that reviews bona fide evidence of majority and biometrics to determine age and identity of a person before admittance into a premises where alcoholic beverages may be lawfully purchased a defense to any criminal prosecution or proceedings against a licensee. In other words, this bill provides that if a licensee or an employee relies upon a biometric ID system to verify the age of the customer, that licensee or employee would not be liable for prosecution to any criminal prosecution or to any proceedings for the suspension or revocation of their license.

The ABC Act authorizes any licensee, or his or her employee, to refuse to sell or serve alcoholic beverages to any person who is unable to produce adequate written evidence that he or she is over the age of 21 years. A licensee may seize any identification presented by a person that shows the person to be under the age of 21 years or that is false, so long as a receipt is given to the person from whom the identification is seized and the seized identification is given within 24 hours of seizure to the local law enforcement agency.

Biometric ID Systems. Biometric ID systems use unique biological characteristics such as fingerprints, iris patterns, facial features, or DNA to verify a person’s identity. These systems convert these biological traits into digital data and use that data to authenticate individuals for various purposes like accessing secure locations, devises, or financial transactions.

Additionally, biometric ID systems can be used for alcohol sales to verify the age of the purchaser. For example, a fingerprint scanner or facial recognition system can be integrated into a point-of-sale system at a liquor store, bar, or stadium. Before completing the sale, the customer would be required to provide their biometric data for age verification. If the system determines that the individual is of legal drinking age based on their biometric information, the transaction can be completed. Supporters of biometric ID systems argue that using biometrics are a safer and more efficient way of determining an individuals’ age and that it helps prevent underage individuals from purchasing alcohol because it’s more reliable than traditional ID verification.

Intuit Dome, the future home of the Los Angeles Clippers, is planning on using CLEAR – an age verification system that allows customers to digitally verify their age by simply scanning the customers face. Several venues in the United States are already using these types of systems for age verification. For example, at Allegiant Stadium in Las Vegas, fans enrolled in CLEAR’s ID system can order alcohol from their seats using facial recognition on their phones. Similarly, customers at a brewery in Coors Field can verify their age by waving their palms over a scanner, provided those customers are enrolled in Amazon’s One’s system – which can also be used to pay using their palm at Whole Foods.

Related/Prior Legislation

AB 3117 (Wilson, 2024) makes a mobile or digital driver’s license or identification card a bona fide evidence of majority and identity of a person provided the Department of Motor Vehicles or Department of ABC, authorizes the use of those licenses or identification cards without the possession of a physical driver’s license or identification card, as specified. (Held in the Assembly Appropriations Committee Suspense File)

AB 59 (Jeffries, Chapter 405, Statutes of 2009) provided that, if a military identification card lacks a physical description but does not include date of birth and photo, further proof of majority shall not be required to purchase or consume any alcoholic beverage, as specified.

AB 1191 (Conway, Chapter 142, Statutes of 2009) authorized the acceptance of a valid passport, issued by the United State government or foreign government, as bona fide evidence that a person is 21 years of age or older.

AB 764 (Calderon, Chapter 68, Statutes of 2005) established a process where in the event an ID card issued to a member of the Armed Forces is provided as proof of age 21 when purchasing alcoholic beverages, and the ID lacks a physical description, then proof of being age 21 may be further substantiated if a motor vehicle operator’s license or other valid bona fide identification issued by any government jurisdiction is also provided, as specified.

FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No

SUPPORT: (Verified 8/19/24)

Murphy’s Bowl (source)

CLEAR

Los Angeles Clippers

OPPOSITION: (Verified 8/19/24)

Alcohol Justice

ARGUMENTS IN SUPPORT: Supporters listed on this bill write, “The current law provisions were enacted many years ago prior to the availability of new technologies that can assist in confirming the age of individuals with increased accuracy. Since the advent of the COVID pandemic, many arenas and other venues have converted to electronic ticketing and purchase of concessions, etc. during events to limit the use of paper tickets and streamline the consumer experience when purchasing tickets and attending the events. Use of these advanced systems, whether at airports or sporting/concert venues assists with both security issues and confirming the age of potential consumers of alcoholic beverages prior to their admittance to the venue, resulting in greater compliance with age of purchase limitations.”

ARGUMENTS IN OPPOSITION: According to Alcohol Justice, “This bill will allow biometric scanning within a private venue to bolster a defense against an illegal sale to a minor. The bill contains nothing that supports this as a reliable and undeceivable mechanism, nor shows its noninferiority to a bona fide legal identifications. The algorithm by which it determines a customer’s age has not, to the best of our knowledge, been released to government experts to review and validate, and there’s nothing in the bill that expects it ever will.”

Prepared by: Felipe Lopez / G.O. / (916) 651-1530

8/28/24 22:09:27

**** END ****

SENATE THIRD READING

STR Bill Id:SB 1371

Author:(Bradford)

As Amended Ver:June 12, 2024

Majority vote

SUMMARY

This bill would make the utilization of a biometric system, as defined, a defense to any criminal prosecution or proceedings against the licensee under the Alcoholic Beverage Control Act (Act). The bill would require the biometric system to be based upon a review of bona fide evidence of majority and identity of a person and that verifies and authenticates the validity of that bona fide evidence.

Major Provisions

1) Makes the utilization of a biometric system in any transaction, employment, use, or permission forbidden, as specified, shall be a defense to any criminal prosecution or proceedings against the licensee when establishing bona fide evidence of majority and identity of a person, as defined.

2) Provides a biometric system utilized by a defendant-licensee shall be based upon a review of bona fide evidence of majority and identity of a person and that verifies and authenticates the validity of that bona fide evidence.

3) Provides, for purposes of this bill, the following definitions apply:

1. "Biometrics" means the unique characteristics of a person, including, but not limited to, fingerprints, iris, face, or other similar biometric characteristics, or any combination thereof.
2. "Biometric system" means technology that links the identity of a person to that person's biometrics.

COMMENTS

Background.

Buying alcoholic beverages in California. Except as otherwise provided in the Act, every person who sells, furnishes, gives, or causes to be sold, furnished, or given away, any alcoholic beverage to any person under the age of 21 years is guilty of a misdemeanor. Any on-sale licensee who knowingly permits a person under the age of 21 years to consume any alcoholic beverage in the on-sale premises, whether or not the licensee has knowledge that the person is under the age of 21 years, is guilty of a misdemeanor. Under the Act, any licensee, or his or her agent or employee, may refuse to sell or serve alcoholic beverages to any person who is unable to produce adequate written evidence that he or she is over the age of 21 years.

Under the Act, bona fide evidence of majority and identity of the person is any of the following: 1) 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; 2) a valid passport issued by the United States or by a foreign government; and 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.

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 Business and Professions Code Sections 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.

Biometric ID Systems. Biometric ID systems use unique biological characteristics such as fingerprints, iris patterns, facial features, or DNA to verify a person's identity. These systems convert these biological traits into digital data and use that data to authenticate individuals for various purposes like accessing secure locations, devises, or financial transactions.

Additionally, biometric ID systems can be used for alcohol sales to verify the age of the purchaser. For example, a fingerprint scanner or facial recognition system can be integrated into a point-of-sale system at a liquor store, bar, or stadium. Before completing the sale, the customer would be required to provide their biometric data for age verification. If the system determines that the individual is of legal drinking age based on their biometric information, the transaction can be completed. Supporters of biometric ID systems argue that using biometrics are a safer and more efficient way of determining an individuals' age and that it helps prevent underage individuals from purchasing alcohol because it's more reliable than traditional ID verification.

The Intuit Dome, the future home of the Los Angeles Clippers, is planning on using CLEAR – an age verification system that allows customers to digitally verify their age by simply scanning the customers face. Several venues in the United States are already using these types of systems for age verification. For example, at Allegiant Stadium in Las Vegas, fans enrolled in CLEAR's ID system can order alcohol from their seats using facial recognition on their phones. Similarly, customers at a brewery in Coors Field can verify their age by waving their palms over a scanner, provided those customers are enrolled in Amazon's One's system – which can also be used to pay using their palm at Whole Foods.

Responsible Beverage Service (RBS) Training. Anyone that is employed at an ABC on-premises licensed establishment who is responsible for checking identifications, taking customer orders, and pouring or delivering alcoholic beverages must have a valid RBS certification from ABC. Servers and their managers must register in the RBS Portal, take RBS training from an approved training provider, and pass the ABC RBS exam within 60 days of their first date of employment. On-premises locations include, but are not limited to, bars, restaurants, tasting rooms, clubs, stadiums, movie theaters, hotels, and caterers.

According to the Author

According to the author's office, "SB 1371 would include the use of biometrics technology along with a government ID check as eligible for the affirmative defense for alcoholic beverage retail licensees. Allowing the use of this technology as an affirmative defense will further improve the safety of alcohol sales and expedite purchases, especially at larger venues."

Arguments in Support

Supporters of the bill write that, "the current law provisions were enacted many years ago prior to the availability of new technologies that can assist in confirming the age of individuals with increased accuracy. Since the advent of the COVID pandemic, many arenas and other venues have converted to electronic ticketing and purchase of concessions, etc. during events to limit the use of paper tickets and streamline the consumer experience when purchasing tickets and attending the events. Use of these advanced systems, whether at airports or sporting/concert venues assists with both security issues and confirming the age of potential consumers of alcoholic beverages prior to their admittance to the venue, resulting in greater compliance with age of purchase limitations."

Arguments in Opposition

Alcohol Justice writes, "The bill contains nothing that supports this as a reliable and undeceivable mechanism, nor shows its non-inferiority to bona fide legal identifications. The algorithm by which it determines a customer's age has not, to the best of our knowledge, been released to government experts to review and validate, and there's nothing in the bill that expects it ever will. And this is important, because facial scanning and other remote biometrics are not reliable. In short, these technologies are not ready for prime time, and certainly not ready to be used as a defense against illegal sales to minors."

FISCAL COMMENTS

This bill is keyed non-fiscal by Legislative Counsel.

VOTES

SENATE FLOOR: 38-0-2

YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Jones, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk

ABS, ABST OR NV: Hurtado, Laird

ASM GOVERNMENTAL ORGANIZATION: 19-0-3

YES: Blanca Rubio, Lackey, Addis, Bains, Bryan, Cervantes, Davies, Dixon, Gabriel, Gipson, Low, McKinnor, Pacheco, Papan, Jim Patterson, Soria, Ta, Valencia, Wallis

ABS, ABST OR NV: Haney, Jones-Sawyer, Ramos

UPDATED

VERSION: June 12, 2024

CONSULTANT: Eric Johnson / G.O. / (916) 319-2531 FN: 0003582

Date of Hearing: June 19, 2024

ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION

Blanca Rubio, Chair

SBPCA Bill Id:SB 1371

Author:(Bradford) – As Amended Ver:June 12, 2024

SENATE VOTE: 38-0

SUBJECT: Alcoholic beverage control: proof of age

SUMMARY: This bill would make the utilization of a biometric system, as defined, a defense to any criminal prosecution or proceedings against the licensee under the Alcoholic Beverage Control Act (Act). The bill would require the biometric system to be based upon a review of bona fide evidence of majority and identity of a person and that verifies and authenticates the validity of that bona fide evidence. Specifically, this bill:

1) Makes the utilization of a biometric system in any transaction, employment, use, or permission forbidden, as specified, shall be a defense to any criminal prosecution or proceedings against the licensee when establishing bona fide evidence of majority and identity of a person, as defined.

2) Provides a biometric system utilized by a defendant-licensee shall be based upon a review of bona fide evidence of majority and identity of a person and that verifies and authenticates the validity of that bona fide evidence.

3) Provides, for purposes of this bill, the following definitions apply:

1. “Biometrics” means the unique characteristics of a person, including, but not limited to, fingerprints, iris, face, or other similar biometric characteristics, or any combination thereof.
2. “Biometric system” means technology that links the identity of a person to that person’s biometrics.

EXISTING LAW:

1) The enactment of the 21st Amendment to the United States Constitution in 1933 repealed the 18th Amendment and ended the era of Prohibition. Accordingly, states were granted the authority to establish alcoholic beverage laws and administrative structures to regulate the sale and distribution of alcoholic beverages.

2) Establishes the Department of Alcoholic Beverage Control (ABC) and grants it exclusive authority to administer the provisions of the Act in accordance with laws enacted by the Legislature. This involves licensing individuals and businesses associated with the manufacture, importation, and sale of alcoholic beverages in this state and the collection of license fees.

3) Provides that any on-sale or off-sale licensee, or agent or employee of the licensee, who sells, gives or delivers to any person any alcoholic beverage between the hours of 2 a.m. and 6 a.m. of the same day, and any person who knowingly purchases any alcoholic beverages between those hours, is guilty of a misdemeanor. (Business and Professions Code Section 25632)

4) Provides, it is a misdemeanor for a person under the age of 21 years to purchase or consume an alcoholic beverage, as provided.

5) Provides that bona fide evidence of majority and identity of the person is any of the following:

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) A valid passport issued by the United States or by a foreign government.

c) A valid identification card issued to a member of the Armed Forces that includes a date of birth and a picture of the person.

6) Subjects a holder of an ABC 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. 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.

7) Provides that an ABC licensee's acceptance of bona fide evidence, as defined, constitutes a defense to any action against the licensee. Requires that evidence to contain a description of the person.

8) Authorizes the DMV to establish a pilot program to evaluate the use of optional mobile or digital alternatives to driver’s licenses and identification cards, subject to certain requirements, including, but not limited to, the voluntary participation of persons in the program and a limitation on the percentage of licensed drivers (No more than 5 percent) that can participate in the program, as defined.

9) Establishes the Responsible Beverage Service (RBS) Training program that requires the ABC to develop, implement, and administer a curriculum for an RBS training program for servers of alcohol and their managers, as specified. Alcohol servers are required to successfully complete an RBS training course offered or authorized by the ABC.

FISCAL EFFECT: This bill is keyed non-fiscal by Legislative Counsel.

COMMENTS:

Purpose of the bill. According to the author’s office, “SB 1371 would include the use of biometrics technology along with a government ID check as eligible for the affirmative defense for alcoholic beverage retail licensees. Allowing the use of this technology as an affirmative defense will further improve the safety of alcohol sales and expedite purchases, especially at larger venues.”

Background.

Buying alcoholic beverages in California. Except as otherwise provided in the Act, every person who sells, furnishes, gives, or causes to be sold, furnished, or given away, any alcoholic beverage to any person under the age of 21 years is guilty of a misdemeanor. Any on-sale licensee who knowingly permits a person under the age of 21 years to consume any alcoholic beverage in the on-sale premises, whether or not the licensee has knowledge that the person is under the age of 21 years, is guilty of a misdemeanor.

Under the Act, bona fide evidence of majority and identity of the person is any of the following: 1) 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; 2) a valid passport issued by the United States or by a foreign government; and 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.

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 Business and Professions Code Sections 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.

Under the Act, any licensee, or his or her agent or employee, may refuse to sell or serve alcoholic beverages to any person who is unable to produce adequate written evidence that he or she is over the age of 21 years. A licensee, or his or her agent or employee, may seize any identification presented by a person that shows the person to be under the age of 21 years or that is false, so long as a receipt is given to the person from whom the identification is seized and the seized identification is given within 24 hours of seizure to the local law enforcement agency that has jurisdiction over the licensed premises. A licensee, his or her agent or employees, decision to not seize a license shall not create any civil or criminal liability.

Biometric ID Systems. Biometric ID systems use unique biological characteristics such as fingerprints, iris patterns, facial features, or DNA to verify a person’s identity. These systems convert these biological traits into digital data and use that data to authenticate individuals for various purposes like accessing secure locations, devises, or financial transactions.

Additionally, biometric ID systems can be used for alcohol sales to verify the age of the purchaser. For example, a fingerprint scanner or facial recognition system can be integrated into a point-of-sale system at a liquor store, bar, or stadium. Before completing the sale, the customer would be required to provide their biometric data for age verification. If the system determines that the individual is of legal drinking age based on their biometric information, the transaction can be completed. Supporters of biometric ID systems argue that using biometrics are a safer and more efficient way of determining an individuals’ age and that it helps prevent underage individuals from purchasing alcohol because it’s more reliable than traditional ID verification.

The Intuit Dome, the future home of the Los Angeles Clippers, is planning on using CLEAR – an age verification system that allows customers to digitally verify their age by simply scanning the customers face. Several venues in the United States are already using these types of systems for age verification. For example, at Allegiant Stadium in Las Vegas, fans enrolled in CLEAR’s ID system can order alcohol from their seats using facial recognition on their phones. Similarly, customers at a brewery in Coors Field can verify their age by waving their palms over a scanner, provided those customers are enrolled in Amazon’s One’s system – which can also be used to pay using their palm at Whole Foods.

Responsible Beverage Service (RBS) Training. Anyone that is employed at an ABC on-premises licensed establishment who is responsible for checking identifications, taking customer orders, and pouring or delivering alcoholic beverages must have a valid RBS certification from ABC. Servers and their managers must register in the RBS Portal, take RBS training from an approved training provider, and pass the ABC RBS exam within 60 days of their first date of employment. On-premises locations include, but are not limited to, bars, restaurants, tasting rooms, clubs, stadiums, movie theaters, hotels, and caterers. Covered licensees are required to maintain records of their various certifications, and violators are subject to unspecified “disciplinary action.” The RBS training is currently available in several different languages.

In support. Supporters of the bill write that, “the current law provisions were enacted many years ago prior to the availability of new technologies that can assist in confirming the age of individuals with increased accuracy. Since the advent of the COVID pandemic, many arenas and other venues have converted to electronic ticketing and purchase of concessions, etc. during events to limit the use of paper tickets and streamline the consumer experience when purchasing tickets and attending the events. Use of these advanced systems, whether at airports or sporting/concert venues assists with both security issues and confirming the age of potential consumers of alcoholic beverages prior to their admittance to the venue, resulting in greater compliance with age of purchase limitations.”

In opposition. Alcohol Justice writes, “The bill contains nothing that supports this as a reliable and undeceivable mechanism, nor shows its noninferiority to bona fide legal identifications. The algorithm by which it determines a customer’s age has not, to the best of our knowledge, been released to government experts to review and validate, and there’s nothing in the bill that expects it ever will. And this is important, because facial scanning and other remote biometrics are not reliable. In short, these technologies are not ready for prime time, and certainly not ready to be used as a defense against illegal sales to minors.”

Related legislation. AB 3117 (Wilson) of 2024. This bill would allow, under certain conditions not yet applicable, a person to use a mobile or digital driver’s license (DL) or identification (ID) card issued by the Department of Motor Vehicles (DMV) to verify the person’s age for purposes of the Act. Specifically, this bill makes a mobile or digital DL or ID card bona fide evidence of majority and identity of a person under the Act, as defined. (Assembly Appropriations Committee – Held under submission)

Prior legislation. SB 125 (Committee on Budget and Fiscal Review), Chapter 54, Statutes of 2023. This bill was the omnibus Transportation budget trailer bill. It contains provisions necessary to implement the 2023 Budget Act. In relation to this bill, expanded the percentage of licensed drivers who can participate in the pilot programs to evaluate the use of optional mobile or digital alternatives to driver’s licenses and identification cards from 0.5 percent to 5 percent of licensed drivers.

AB 149 (Committee on Budget), Chapter 81, Statutes of 2021. Provided for statutory changes necessary to enact the transportation provisions of the Budget Act of 2021. In relation to this bill, authorized the DMV to establish a pilot program to evaluate the use of optional mobile or digital alternatives to driver’s licenses and identification cards, subject to certain requirements, including, but not limited to, the voluntary participation of persons in the program and a limitation on the percentage of licensed drivers that can participate in the program.

AB 1221 (Gonzalez Fletcher), Chapter 847, Statutes of 2017. Established the Responsible Beverage Service Training Program Act of 2017, and required the ABC to develop, implement, and administer a curriculum for an RBS training program, as specified. The bill also required an alcohol sever, as defined, to successfully complete an RBS training course offered or authorized by the ABC.

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 photo, further proof of majority shall not be required to purchase or consume any alcoholic beverage, as specified.

AB 764 (Calderon), Chapter 68, Statutes of 2005. Established a specified process where in the event an ID card issued to a member of the Armed Forces is provided as proof of age 21 when purchasing alcohol beverages, and the ID lacks a physical description, then proof of being age 21 may be further substantiated if a motor vehicle operator's license or other valid bona fide identification issued by any government jurisdiction is also provided as specified

AB 1191 (Conway), Chapter 142, Statutes of 2009. Authorized the acceptance of a valid passport, issued by the United States government or a foreign government, as bona fide evidence that a person is 21 years of age or older.

SB 806 (Hueso), Chapter 569, Statutes of 2013. Authorized the DMV to establish a pilot program to evaluate the use of alternatives to license plates, registration stickers, and registration cards.

REGISTERED SUPPORT / OPPOSITION:

Support

Murphy’s Bowl (Sponsor)

Los Angeles Clippers

Opposition

Alcohol Justice

Analysis Prepared by: Eric Johnson / G.O. / (916) 319-2531

Date of Hearing: June 19, 2024

ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION

Blanca Rubio, Chair

SBPCA Bill Id:SB 1371

Author:(Bradford) – As Amended Ver:June 12, 2024

SENATE VOTE: 38-0

SUBJECT: Alcoholic beverage control: proof of age

SUMMARY: This bill would make the utilization of a biometric system, as defined, a defense to any criminal prosecution or proceedings against the licensee under the Alcoholic Beverage Control Act (Act). The bill would require the biometric system to be based upon a review of bona fide evidence of majority and identity of a person and that verifies and authenticates the validity of that bona fide evidence. Specifically, this bill:

1) Makes the utilization of a biometric system in any transaction, employment, use, or permission forbidden, as specified, a defense to any criminal prosecution or proceedings against the licensee when establishing bona fide evidence of majority and identity of a person, as defined.

2) Provides, for purposes of this bill, the following definitions apply:

1. “Biometrics” means the unique characteristics of a person, including, but not limited to, fingerprints, iris, face, or other similar biometric characteristics, or any combination thereof.
2. “Biometric system” means technology that links the identity of a person to that person’s biometrics.

EXISTING LAW:

1) The enactment of the 21st Amendment to the United States Constitution in 1933 repealed the 18th Amendment and ended the era of Prohibition. Accordingly, states were granted the authority to establish alcoholic beverage laws and administrative structures to regulate the sale and distribution of alcoholic beverages.

2) Establishes the Department of Alcoholic Beverage Control (ABC) and grants it exclusive authority to administer the provisions of the Act in accordance with laws enacted by the Legislature. This involves licensing individuals and businesses associated with the manufacture, importation, and sale of alcoholic beverages in this state and the collection of license fees.

3) Provides that any on-sale or off-sale licensee, or agent or employee of the licensee, who sells, gives or delivers to any person any alcoholic beverage between the hours of 2 a.m. and 6 a.m. of the same day, and any person who knowingly purchases any alcoholic beverages between those hours, is guilty of a misdemeanor. (Business and Professions Code Section 25632)

4) Provides, it is a misdemeanor for a person under the age of 21 years to purchase or consume an alcoholic beverage, as provided.

5) Provides that bona fide evidence of majority and identity of the person is any of the following:

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) A valid passport issued by the United States or by a foreign government.

c) A valid identification card issued to a member of the Armed Forces that includes a date of birth and a picture of the person.

6) Subjects a holder of an ABC 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. 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.

7) Provides that an ABC licensee's acceptance of bona fide evidence, as defined, constitutes a defense to any action against the licensee. Requires that evidence to contain a description of the person.

8) Authorizes the DMV to establish a pilot program to evaluate the use of optional mobile or digital alternatives to driver’s licenses and identification cards, subject to certain requirements, including, but not limited to, the voluntary participation of persons in the program and a limitation on the percentage of licensed drivers (No more than 5 percent) that can participate in the program, as defined.

9) Establishes the Responsible Beverage Service (RBS) Training program that requires the ABC to develop, implement, and administer a curriculum for an RBS training program for servers of alcohol and their managers, as specified. Alcohol servers are required to successfully complete an RBS training course offered or authorized by the ABC.

FISCAL EFFECT: This bill is keyed non-fiscal by Legislative Counsel.

COMMENTS:

Purpose of the bill. According to the author’s office, “SB 1371 would include the use of biometrics technology along with a government ID check as eligible for the affirmative defense for alcoholic beverage retail licensees. Allowing the use of this technology as an affirmative defense will further improve the safety of alcohol sales and expedite purchases, especially at larger venues.”

Background.

Buying alcoholic beverages in California. Except as otherwise provided in the Act, every person who sells, furnishes, gives, or causes to be sold, furnished, or given away, any alcoholic beverage to any person under the age of 21 years is guilty of a misdemeanor. Any on-sale licensee who knowingly permits a person under the age of 21 years to consume any alcoholic beverage in the on-sale premises, whether or not the licensee has knowledge that the person is under the age of 21 years, is guilty of a misdemeanor.

Under the Act, bona fide evidence of majority and identity of the person is any of the following: 1) 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; 2) a valid passport issued by the United States or by a foreign government; and 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.

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 Business and Professions Code Sections 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.

Under the Act, any licensee, or his or her agent or employee, may refuse to sell or serve alcoholic beverages to any person who is unable to produce adequate written evidence that he or she is over the age of 21 years. A licensee, or his or her agent or employee, may seize any identification presented by a person that shows the person to be under the age of 21 years or that is false, so long as a receipt is given to the person from whom the identification is seized and the seized identification is given within 24 hours of seizure to the local law enforcement agency that has jurisdiction over the licensed premises. A licensee, his or her agent or employees, decision to not seize a license shall not create any civil or criminal liability.

Biometric ID Systems. Biometric ID systems use unique biological characteristics such as fingerprints, iris patterns, facial features, or DNA to verify a person’s identity. These systems convert these biological traits into digital data and use that data to authenticate individuals for various purposes like accessing secure locations, devises, or financial transactions.

Additionally, biometric ID systems can be used for alcohol sales to verify the age of the purchaser. For example, a fingerprint scanner or facial recognition system can be integrated into a point-of-sale system at a liquor store, bar, or stadium. Before completing the sale, the customer would be required to provide their biometric data for age verification. If the system determines that the individual is of legal drinking age based on their biometric information, the transaction can be completed. Supporters of biometric ID systems argue that using biometrics are a safer and more efficient way of determining an individuals’ age and that it helps prevent underage individuals from purchasing alcohol because it’s more reliable than traditional ID verification.

The Intuit Dome, the future home of the Los Angeles Clippers, is planning on using CLEAR – an age verification system that allows customers to digitally verify their age by simply scanning the customers face. Several venues in the United States are already using these types of systems for age verification. For example, at Allegiant Stadium in Las Vegas, fans enrolled in CLEAR’s ID system can order alcohol from their seats using facial recognition on their phones. Similarly, customers at a brewery in Coors Field can verify their age by waving their palms over a scanner, provided those customers are enrolled in Amazon’s One’s system – which can also be used to pay using their palm at Whole Foods.

SB 1371 would make the utilization of a biometric system, as defined, a defense to any criminal prosecution or proceedings against the licensee. The bill would require the biometric system to be based upon a review of bona fide evidence of majority and identity of a person and that verifies and authenticates the validity of that bona fide evidence.

Responsible Beverage Service (RBS) Training. Anyone that is employed at an ABC on-premises licensed establishment who is responsible for checking identifications, taking customer orders, and pouring or delivering alcoholic beverages must have a valid RBS certification from ABC. Servers and their managers must register in the RBS Portal, take RBS training from an approved training provider, and pass the ABC RBS exam within 60 days of their first date of employment. On-premises locations include, but are not limited to, bars, restaurants, tasting rooms, clubs, stadiums, movie theaters, hotels, and caterers. Covered licensees are required to maintain records of their various certifications, and violators are subject to unspecified “disciplinary action.” The RBS training is currently available in several different languages.

In support. Supporters of the bill write that, “the current law provisions were enacted many years ago prior to the availability of new technologies that can assist in confirming the age of individuals with increased accuracy. Since the advent of the COVID pandemic, many arenas and other venues have converted to electronic ticketing and purchase of concessions, etc. during events to limit the use of paper tickets and streamline the consumer experience when purchasing tickets and attending the events. Use of these advanced systems, whether at airports or sporting/concert venues assists with both security issues and confirming the age of potential consumers of alcoholic beverages prior to their admittance to the venue, resulting in greater compliance with age of purchase limitations.”

In opposition. Alcohol Justice writes, “The bill contains nothing that supports this as a reliable and undeceivable mechanism, nor shows its noninferiority to bona fide legal identifications. The algorithm by which it determines a customer’s age has not, to the best of our knowledge, been released to government experts to review and validate, and there’s nothing in the bill that expects it ever will. And this is important, because facial scanning and other remote biometrics are not reliable. In short, these technologies are not ready for prime time, and certainly not ready to be used as a defense against illegal sales to minors.”

Related legislation. AB 3117 (Wilson) of 2024. This bill would allow, under certain conditions not yet applicable, a person to use a mobile or digital driver’s license (DL) or identification (ID) card issued by the Department of Motor Vehicles (DMV) to verify the person’s age for purposes of the Act. Specifically, this bill makes a mobile or digital DL or ID card bona fide evidence of majority and identity of a person under the Act, as defined. (Assembly Appropriations Committee – Held under submission)

Prior legislation. SB 125 (Committee on Budget and Fiscal Review), Chapter 54, Statutes of 2023. This bill was the omnibus Transportation budget trailer bill. It contains provisions necessary to implement the 2023 Budget Act. In relation to this bill, expanded the percentage of licensed drivers who can participate in the pilot programs to evaluate the use of optional mobile or digital alternatives to driver’s licenses and identification cards from 0.5 percent to 5 percent of licensed drivers.

AB 149 (Committee on Budget), Chapter 81, Statutes of 2021. Provided for statutory changes necessary to enact the transportation provisions of the Budget Act of 2021. In relation to this bill, authorized the DMV to establish a pilot program to evaluate the use of optional mobile or digital alternatives to driver’s licenses and identification cards, subject to certain requirements, including, but not limited to, the voluntary participation of persons in the program and a limitation on the percentage of licensed drivers that can participate in the program.

AB 1221 (Gonzalez Fletcher), Chapter 847, Statutes of 2017. Established the Responsible Beverage Service Training Program Act of 2017, and required the ABC to develop, implement, and administer a curriculum for an RBS training program, as specified. The bill also required an alcohol sever, as defined, to successfully complete an RBS training course offered or authorized by the ABC.

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 photo, further proof of majority shall not be required to purchase or consume any alcoholic beverage, as specified.

AB 764 (Calderon), Chapter 68, Statutes of 2005. Established a specified process where in the event an ID card issued to a member of the Armed Forces is provided as proof of age 21 when purchasing alcohol beverages, and the ID lacks a physical description, then proof of being age 21 may be further substantiated if a motor vehicle operator's license or other valid bona fide identification issued by any government jurisdiction is also provided as specified

AB 1191 (Conway), Chapter 142, Statutes of 2009. Authorized the acceptance of a valid passport, issued by the United States government or a foreign government, as bona fide evidence that a person is 21 years of age or older.

SB 806 (Hueso), Chapter 569, Statutes of 2013. Authorized the DMV to establish a pilot program to evaluate the use of alternatives to license plates, registration stickers, and registration cards.

REGISTERED SUPPORT / OPPOSITION:

Support

Murphy’s Bowl (Sponsor)

Los Angeles Clippers

Opposition

Alcohol Justice

Analysis Prepared by: Eric Johnson / G.O. / (916) 319-2531

 CONSENT  

Bill No: SB 1371

Author: Bradford (D)

Introduced: 2/16/24

Vote: 21

SENATE GOVERNMENTAL ORG. COMMITTEE: 16-0, 4/23/24

AYES: Dodd, Wilk, Alvarado-Gil, Archuleta, Ashby, Bradford, Glazer, Jones, Nguyen, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Smallwood-Cuevas

SUBJECT: Alcoholic beverage control: proof of age

SOURCE: Murphy’s Bowl

DIGEST: This bill makes reliance upon a system that reviews bona fide evidence of majority and biometrics to determine the age and identity of a person before admittance into premises where alcoholic beverage are sold, a defense to any criminal prosecution or proceedings against a licensee under the alcoholic beverage control (ABC) Act.

ANALYSIS:

Existing law:

1. Establishes the Department of ABC and grants it exclusive authority to administer the provisions of the ABC Act in accordance with laws enacted by the Legislature. This involves licensing individuals and businesses associated with the manufacture, importation, and sale of alcoholic beverages in this state and the collection of license fees.
2. Establishes the Responsible Beverage Service (RBS) Training program that requires the Department of ABC to develop, implement, and administer a curriculum for an RBS training program for servers of alcohol and their managers, as specified. Alcohol servers are required to successfully complete an RBS training course offered or authorized by the department of ABC.
3. Makes it a misdemeanor for any person under 21 years of age to purchase any alcoholic beverage or consume any alcoholic beverage in any on-sale premises.
4. 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 21 years of age.
5. Provides that a licensee’s acceptance of bona fide evidence, as defined, constitutes a defense to any prosecution or proceedings against the licensees, as specified.
6. Provides that bona fide evidence of majority and identity of the person is any of the following:
   1. A document issued by a federal, state, county or municipal government, or subdivision therefore including but not limited to, a valid motor vehicle operator’s license, that contains the name, date of birth, description, and a picture of the person.
   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.

This bill makes reliance upon a system that reviews bona fide evidence of majority and biometrics to determine age and identity of a person before admittance into a premises where alcoholic beverages may be lawfully purchased a defense to any criminal prosecution or proceedings against a licensee.

Background

1. Author Statement. According to the author’s office, “SB 1371 would include the use of biometrics technology along with a government ID check as eligible for the affirmative defense for alcoholic beverage retail licensees. Allowing the use of this technology as an affirmative defense will further improve the safety of alcohol sales and expedite purchases, especially at larger venues.”
2. Selling Alcohol to Minors. Except as otherwise provided in the ABC Act, every person who sells, furnishes, or gives any alcoholic beverage to any person under the age of 21 years is guilty of a misdemeanor. Any on-sale licensee who knowingly permits a person under the age of 21 to consume any alcoholic beverage, whether or not the licensee has knowledge that the person is under the age of 21, is guilty of a misdemeanor.

Under the ABC Act, bona fide evidence of majority and identity of the person is any of the following: 1) 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; 2) a valid passport issued by the United States or by a foreign government; and 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.

The ABC Act provides that if the licensee, or his or her employee, was shown any of these documents, and that licensee or employee relied on that identification as proof of the individual’s age, then that shall be a defense to any criminal prosecution or to any proceedings for the suspension or revocation of their license. This bill makes reliance upon a system that reviews bona fide evidence of majority and biometrics to determine age and identity of a person before admittance into a premises where alcoholic beverages may be lawfully purchased a defense to any criminal prosecution or proceedings against a licensee. In other words, the bill provides that if a licensee or an employee relies upon a biometric ID system to verify the age of the customer, that licensee or employee would not be liable for prosecution to any criminal prosecution or to any proceedings for the suspension or revocation of their license.

The ABC Act authorizes any licensee, or his or her employee, to refuse to sell or serve alcoholic beverages to any person who is unable to produce adequate written evidence that he or she is over the age of 21 years. A licensee may seize any identification presented by a person that shows the person to be under the age of 21 years or that is false, so long as a receipt is given to the person from whom the identification is seized and the seized identification is given within 24 hours of seizure to the local law enforcement agency.

1. Biometric ID Systems. Biometric ID systems use unique biological characteristics such as fingerprints, iris patterns, facial features, or DNA to verify a person’s identity. These systems convert these biological traits into digital data and use that data to authenticate individuals for various purposes like accessing secure locations, devises, or financial transactions.

Additionally, biometric ID systems can be used for alcohol sales to verify the age of the purchaser. For example, a fingerprint scanner or facial recognition system can be integrated into a point-of-sale system at a liquor store, bar, or stadium. Before completing the sale, the customer would be required to provide their biometric data for age verification. If the system determines that the individual is of legal drinking age based on their biometric information, the transaction can be completed. Supporters of biometric ID systems argue that using biometrics are a safer and more efficient way of determining an individuals’ age and that it helps prevent underage individuals from purchasing alcohol because it’s more reliable than traditional ID verification.

Intuit Dome, the future home of the Los Angeles Clippers, is planning on using CLEAR – an age verification system that allows customers to digitally verify their age by simply scanning the customers face. Several venues in the United States are already using these types of systems for age verification. For example, at Allegiant Stadium in Las Vegas, fans enrolled in CLEAR’s ID system can order alcohol from their seats using facial recognition on their phones. Similarly, customers at a brewery in Coors Field can verify their age by waving their palms over a scanner, provided those customers are enrolled in Amazon’s One’s system – which can also be used to pay using their palm at Whole Foods.

1. Responsible Beverage Service (RBS) Training. Anyone that is employed at an ABC on-premises licensed establishment who is responsible for checking identifications, taking customer orders, and pouring or delivering alcoholic beverages must have a valid RBS certification from the Department of ABC. Servers and their managers must register in the RBS Portal, take RBS training from an approved training provider, and pass the department’s RBS exam within 60 days of their first date of employment. On-premises locations include, but are not limited to, bars, restaurants, tasting rooms, clubs, stadiums, movie theaters, hotels, and caterers. Covered licensees are required to maintain records of their various certifications, and violators are subject to unspecified “disciplinary action.” The RBS training is currently available in several different languages.

Related/Prior Legislation

AB 3117 (Wilson, 2024) makes a mobile or digital driver’s license or identification card a bona fide evidence of majority and identity of a person provided the Department of Motor Vehicles or Department of ABC, authorizes the use of those licenses or identification cards without the possession of a physical driver’s license or identification card, as specified. (Pending in the Assembly Appropriations Committee)

AB 1221 (Gonzalez Fletcher, Chapter 847, Statutes of 2017) established the Responsible Beverage Service Training Program Act of 2017, and required the Department of ABC to develop, implement, and administer a curriculum for an RBS training program, as specified. The bill also required an alcohol sever, as defined, to successfully complete an RBS training course offered or authorized by the Department of ABC.

AB 59 (Jeffries, Chapter 405, Statutes of 2009) provided that, if a military identification card lacks a physical description but does not include date of birth and photo, further proof of majority shall not be required to purchase or consume any alcoholic beverage, as specified.

AB 1191 (Conway, Chapter 142, Statutes of 2009) authorized the acceptance of a valid passport, issued by the United State government or foreign government, as bona fide evidence that a person is 21 years of age or older.

AB 764 (Calderon, Chapter 68, Statutes of 2005) established a process where in the event an ID card issued to a member of the Armed Forces is provided as proof of age 21 when purchasing alcoholic beverages, and the ID lacks a physical description, then proof of being age 21 may be further substantiated if a motor vehicle operator’s license or other valid bona fide identification issued by any government jurisdiction is also provided, as specified.

FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No

SUPPORT: (Verified 4/23/24)

Murphy’s Bowl (source)

Los Angeles Clippers

OPPOSITION: (Verified 4/23/24)

None received

ARGUMENTS IN SUPPORT: Supporters of the bill write that, “the current law provisions were enacted many years ago prior to the availability of new technologies that can assist in confirming the age of individuals with increased accuracy. Since the advent of the COVID pandemic, many arenas and other venues have converted to electronic ticketing and purchase of concessions, etc. during events to limit the use of paper tickets and streamline the consumer experience when purchasing tickets and attending the events. Use of these advanced systems, whether at airports or sporting/concert venues assists with both security issues and confirming the age of potential consumers of alcoholic beverages prior to their admittance to the venue, resulting in greater compliance with age of purchase limitations.”

Prepared by: Felipe Lopez / G.O. / (916) 651-1530

4/26/24 12:50:28

**** END ****

SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION

Senator Bill Dodd

Chair

2023 - 2024 Regular

Bill No: SB Hearing Date: 4/23/2024

SUBJECT:

DIGEST: This bill makes reliance upon a system that reviews bona fide evidence of majority and biometrics to determine the age and identity of a person before admittance into premises where alcoholic beverage are sold, a defense to any criminal prosecution or proceedings against a licensee under the alcoholic beverage control (ABC) Act.

ANALYSIS:

Existing law:

1. Establishes the Department of ABC and grants it exclusive authority to administer the provisions of the ABC Act in accordance with laws enacted by the Legislature. This involves licensing individuals and businesses associated with the manufacture, importation, and sale of alcoholic beverages in this state and the collection of license fees.
2. Establishes the Responsible Beverage Service (RBS) Training program that requires the Department of ABC to develop, implement, and administer a curriculum for an RBS training program for servers of alcohol and their managers, as specified. Alcohol servers are required to successfully complete an RBS training course offered or authorized by the department of ABC.
3. Makes it a misdemeanor for any person under 21 years of age to purchase any alcoholic beverage or consume any alcoholic beverage in any on-sale premises.
4. 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 21 years of age.
5. Provides that a licensee’s acceptance of bona fide evidence, as defined, constitutes a defense to any prosecution or proceedings against the licensees, as specified.
6. Provides that bona fide evidence of majority and identity of the person is any of the following:
   1. A document issued by a federal, state, county or municipal government, or subdivision therefore including but not limited to, a valid motor vehicle operator’s license, that contains the name, date of birth, description, and a picture of the person.
   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.

This bill makes reliance upon a system that reviews bona fide evidence of majority and biometrics to determine age and identity of a person before admittance into a premises where alcoholic beverages may be lawfully purchased a defense to any criminal prosecution or proceedings against a licensee.

Background

Author Statement. According to the author’s office, “SB 1371 would include the use of biometrics technology along with a government ID check as eligible for the affirmative defense for alcoholic beverage retail licensees. Allowing the use of this technology as an affirmative defense will further improve the safety of alcohol sales and expedite purchases, especially at larger venues.”

Selling Alcohol to Minors. Except as otherwise provided in the ABC Act, every person who sells, furnishes, or gives any alcoholic beverage to any person under the age of 21 years is guilty of a misdemeanor. Any on-sale licensee who knowingly permits a person under the age of 21 to consume any alcoholic beverage, whether or not the licensee has knowledge that the person is under the age of 21, is guilty of a misdemeanor.

Under the ABC Act, bona fide evidence of majority and identity of the person is any of the following: 1) 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; 2) a valid passport issued by the United States or by a foreign government; and 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.

The ABC Act provides that if the licensee, or his or her employee, was shown any of these documents, and that licensee or employee relied on that identification as proof of the individual’s age, then that shall be a defense to any criminal prosecution or to any proceedings for the suspension or revocation of their license. This bill makes reliance upon a system that reviews bona fide evidence of majority and biometrics to determine age and identity of a person before admittance into a premises where alcoholic beverages may be lawfully purchased a defense to any criminal prosecution or proceedings against a licensee. In other words, the bill provides that if a licensee or an employee relies upon a biometric ID system to verify the age of the customer, that licensee or employee would not be liable for prosecution to any criminal prosecution or to any proceedings for the suspension or revocation of their license.

The ABC Act authorizes any licensee, or his or her employee, to refuse to sell or serve alcoholic beverages to any person who is unable to produce adequate written evidence that he or she is over the age of 21 years. A licensee may seize any identification presented by a person that shows the person to be under the age of 21 years or that is false, so long as a receipt is given to the person from whom the identification is seized and the seized identification is given within 24 hours of seizure to the local law enforcement agency.

Biometric ID Systems. Biometric ID systems use unique biological characteristics such as fingerprints, iris patterns, facial features, or DNA to verify a person’s identity. These systems convert these biological traits into digital data and use that data to authenticate individuals for various purposes like accessing secure locations, devises, or financial transactions.

Additionally, biometric ID systems can be used for alcohol sales to verify the age of the purchaser. For example, a fingerprint scanner or facial recognition system can be integrated into a point-of-sale system at a liquor store, bar, or stadium. Before completing the sale, the customer would be required to provide their biometric data for age verification. If the system determines that the individual is of legal drinking age based on their biometric information, the transaction can be completed. Supporters of biometric ID systems argue that using biometrics are a safer and more efficient way of determining an individuals’ age and that it helps prevent underage individuals from purchasing alcohol because it’s more reliable than traditional ID verification.

Intuit Dome, the future home of the Los Angeles Clippers, is planning on using CLEAR – an age verification system that allows customers to digitally verify their age by simply scanning the customers face. Several venues in the United States are already using these types of systems for age verification. For example, at Allegiant Stadium in Las Vegas, fans enrolled in CLEAR’s ID system can order alcohol from their seats using facial recognition on their phones. Similarly, customers at a brewery in Coors Field can verify their age by waving their palms over a scanner, provided those customers are enrolled in Amazon’s One’s system – which can also be used to pay using their palm at Whole Foods.

Responsible Beverage Service (RBS) Training. Anyone that is employed at an ABC on-premises licensed establishment who is responsible for checking identifications, taking customer orders, and pouring or delivering alcoholic beverages must have a valid RBS certification from the Department of ABC. Servers and their managers must register in the RBS Portal, take RBS training from an approved training provider, and pass the department’s RBS exam within 60 days of their first date of employment. On-premises locations include, but are not limited to, bars, restaurants, tasting rooms, clubs, stadiums, movie theaters, hotels, and caterers. Covered licensees are required to maintain records of their various certifications, and violators are subject to unspecified “disciplinary action.” The RBS training is currently available in several different languages.

Prior/Related Legislation

AB 3117 (Wilson, 2024) makes a mobile or digital driver’s license or identification card a bona fide evidence of majority and identity of a person provided the Department of Motor Vehicles or Department of ABC, authorizes the use of those licenses or identification cards without the possession of a physical driver’s license or identification card, as specified. (Pending in the Assembly Transportation Committee)

AB 1221 (Gonzalez Fletcher, Chapter 847, Statutes of 2017) established the Responsible Beverage Service Training Program Act of 2017, and requires the Department of ABC to develop, implement, and administer a curriculum for an RBS training program, as specified. The bill also requires an alcohol sever, as defined, to successfully complete an RBS training course offered or authorized by the Department of ABC.

AB 59 (Jeffries, Chapter 405, Statutes of 2009) provides that, if a military identification card lacks a physical description but does not include date of birth and photo, further proof of majority shall not be required to purchase or consume any alcoholic beverage, as specified.

AB 764 (Calderon, Chapter 68, Statutes of 2005) established a process where in the event an ID card issued to a member of the Armed Forces is provides as proof of age 21 when purchasing alcoholic beverages, and the ID lacks a physical description, then proof of being age 21 may be further substantiated if a motor vehicle operator’s license or other valid bona fide identification issued by any government jurisdiction is also provided, as specified.

AB 1191 (Conway, Chapter 142, Statues of 2009) authorizes the acceptance of a valid passport, issued by the United State government or foreign government, as bona fide evidence that a person is 21 years of age or older.

FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No

SUPPORT:

Murphy’s Bowl (Source)

Los Angeles Clippers

OPPOSITION:

None received

ARGUMENTS IN SUPPORT: Supporters of the bill write that, “the current law provisions were enacted many years ago prior to the availability of new technologies that can assist in confirming the age of individuals with increased accuracy. Since the advent of the COVID pandemic, many arenas and other venues have converted to electronic ticketing and purchase of concessions, etc. during events to limit the use of paper tickets and streamline the consumer experience when purchasing tickets and attending the events. Use of these advanced systems, whether at airports or sporting/concert venues assists with both security issues and confirming the age of potential consumers of alcoholic beverages prior to their admittance to the venue, resulting in greater compliance with age of purchase limitations.”