Q:  My friend had her ID seized at a bar.  She is young looking, but 27 years of age.  When the picture was taken she was pregnant and a bit heavier.  She has since lost weight and has streaks in her hair.  The bouncer said the ID was not hers and took it.  What are her rights?  K.B., Long Beach

A:  Selling alcohol to a minor can have negative consequences for a bar, including suspension of the business license. In addition, under California Business & Professions Code Section 25658, a person furnishing alcohol to a minor can face a penalty of no less than $1,000 and 24 hours of community service. Thus, it is important for the establishment, and its personnel, to be vigilant (let alone taking public safety into consideration). In turn, the id does belong to your friend, and is her property. I would want to know on what basis the bouncer (or bar tender) kept the id, as opposed to refusing to serve her and leaving it at that. Was he planning to give it to law enforcement because using a (supposedly) fake id can be a criminal offense?  Your friend could seek to reason with the bar, show that the id is authentic, and ask the police for help if need be to get back her property. Can she claim damages? I think it would be a stretch, but if the bar still withholds her id even though she has shown it is legitimate, problems could arise for her that arguably have a monetary value.

Q:  Our son is 20.  We think at least a few of his buddies have fake ids.  They don’t seem to have a care in the world about using them.  What is the law on fake ids?  D.G., Westchester

A: California Penal Code Section 470b states that “every person who… has in his possession any driver’s license or identification card…. with the intent…. to facilitate the commission of any forgery, is punishable by imprisonment in the state prison, or by imprisonment in the country jail for not more than one year.”  The web site of the California Department of Alcoholic Beverage Control indicates that if you are caught with a fake id, the penalty is a minimum fine of $250 and/or 24-32 hours of community service, plus a one year suspension of your driver license (and, even if you don’t yet have a driver license, you will then have to wait a year to be entitled to get it).

Q:  Can law enforcement utilize “minor decoys” to buy alcoholic beverages from licensed businesses?  A.E., Wilmington

A: Yes.  In fact, the California Supreme Court has upheld the Decoy Program.  Under the Program, persons under the age of 20 can seek to buy alcoholic beverages from licenses facilities, for the purpose of taking appropriate action against offenders. 

Ron Sokol is a Manhattan Beach attorney with more than 30 years of experience. His column appears on Wednesdays. Email questions and comments to him at RonSesq@aol.com or write to him at Ask The Lawyer, Daily Breeze, 21250 Hawthorne Blvd., Suite 170, Torrance, CA 90503. This column is a summary of the law and not a substitute for legal consultation on any particular case.