BILL NUMBER: AB 59	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 27, 2009
	PASSED THE ASSEMBLY  SEPTEMBER 1, 2009
	AMENDED IN SENATE  JULY 9, 2009
	AMENDED IN ASSEMBLY  MAY 11, 2009

INTRODUCED BY   Assembly Member Jeffries
   (Coauthors: Assembly Members Cook, DeVore, Fletcher, Galgiani, and
Gilmore)

                        DECEMBER 5, 2008

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 59, Jeffries. Alcoholic beverages: proof of age: military
identification cards.
   The Alcoholic Beverage Control Act 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. 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 the
age of 21 years. Existing law provides that a licensee's acceptance
of bona fide evidence, as defined, constitutes a defense to any
action against the licensee. Existing law requires that evidence to
contain a description of the person.
   Existing law includes a military identification card issued to a
member of the Armed Forces as an eligible identification card so long
as that card includes a description of the cardholder.
Identification cards issued by the Armed Forces no longer contain a
physical description of the cardholder. For security purposes, that
information is electronically encrypted in order to avoid tampering
with the card. Existing law authorizes the acceptance of a military
identification card as bona fide evidence that a person is 21 years
of age, provided that proof of majority is further substantiated with
other identification, as specified.
   This bill would provide that, if the military identification card
lacks a physical description, but does include date of birth and a
photo, further proof of majority shall not be required.
   This bill would incorporate changes made by AB 1191 that would
become operative if both bills are enacted and this bill is enacted
after AB 1191.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 25660 of the Business and Professions Code is
amended to read:
   25660.  (a) Bona fide evidence of majority and identity of the
person is a document issued by a federal, state, county, or municipal
government, or subdivision or agency thereof, including, but not
limited to, a motor vehicle operator's license or an identification
card issued to a member of the Armed Forces, that contains the name,
date of birth, description, and picture of the person.
   (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 therefor or to any proceedings for the suspension or
revocation of any license based thereon.
  SEC. 1.5.  Section 25660 of the Business and Professions Code is
amended to read:
   25660.  (a) Bona fide evidence of majority and identity of the
person is a document issued by a federal, state, county, or municipal
government, or subdivision or 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 therefor or to any proceedings for the suspension or
revocation of any license based thereon.
  SEC. 2.  Section 2.5 of this bill incorporates amendments to
Section 25660 of the Business and Professions Code proposed by both
this bill and AB 1191. It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2010,
(2) each bill amends Section 25660 of the Business and Professions
Code, and (3) this bill is enacted after AB 1191, in which case
Section 1 of this bill shall not become operative.