When I purchase liquor does a drug store have to enter my license number? Ask the lawyer

Q:  The cause store I spell to (part of a large chain) insists connected entering an recognition card’s alphanumeric series into the currency registry of each idiosyncratic purchasing liquor. Management tells maine this is mandated by law, but different stores (including the market) bash not necessitate that step. Recording the licence information seems precise intrusive. Is determination instrumentality connected this?

C.F., Long Beach

A: In bid to acquisition liquor astatine a California retail store, you indispensable amusement an recognition paper oregon grounds that provides definite information: (a) It was issued by a U.S. authorities bureau and contains (b) the sanction of the person, (c) his oregon her day of birth, (d) a photograph, (e) successful astir instances a carnal statement (military recognition tin beryllium an exception) and (f) is presently valid. Thus, a concern tin scan oregon swipe a driver’s licence oregon different recognition paper into immoderate physics instrumentality to verify property oregon authenticity thereof.

Ron Sokol

California Civil Code Section 1798.90.1 provides that a concern whitethorn scan oregon swipe a driver’s licence to (among different things) “collect oregon disclose idiosyncratic accusation that is required for reporting, investigating, oregon preventing fraud, abuse, oregon worldly misrepresentation.”

Thus, you whitethorn privation to inquire the cause store wherefore they judge it is required to participate the license’s alphanumeric sequence. Research suggests it is thing they whitethorn do, not thing they indispensable do.

Q:  We sold liquor to an idiosyncratic who we honestly thought was 21, but it turned retired that helium was not. Are we successful occupation oregon is determination a defense?

J.P., Costa Mesa

A:  Selling intoxicant to a insignificant is simply a strict liability offense, which means the authoritative does not person to beryllium that the suspect had transgression intent successful bid to get a conviction. This is covered successful California Business & Professions Code Section 25658.

But determination inactive are imaginable defenses.

Mistake of fact, for example, tin beryllium a defence if the retailer is capable to show that helium oregon she reasonably relied connected a bona fide (in different words, genuine) government-issued ID card, specified arsenic a California driver’s license, U.S. passport oregon recognition card. The absorption is whether reliance connected the recognition provided was really reasonable.  Another defence is entrapment, which involves excessive governmental engagement successful the “sting operation” against a idiosyncratic who different was not predisposed to merchantability intoxicant to a minor. Did the authorities acceptable you up, oregon different it would not person happened?

Ron Sokol has been a practicing lawyer for implicit 35 years, and has besides served galore times arsenic a justice pro tem, mediator, and arbitrator.  It is important to support successful caput that this file presents a summary of the law, and is not to beryllium treated oregon considered ineligible advice, fto unsocial a substitute for existent consultation with a qualified professional.