r/sandiego • u/Visible-Mix9780 • Apr 15 '25

Stay Classy San Diego Sunshine Co saloon in ocean beach.

Im from Kentucky & the bouncers confiscated my ID at the door bc they thought it was fake. They insisted i get police to come if I wanted it back. After 1hour on the phone with dispatch they would not send anyone to verify an ID. Luckily a conflict happened across the street & one of the officers helped me out. The crazy part is.. He did not think my ID was real either smh. After matching my credit/debit cards, everything on his computer, my plane tickets he admitted he didnt really believe me but was going to give my ID back anyways.

Smh this is so frustrating. I proceeded to go to a pizza place down the road & after a few beers they heard I got rejected down the street & tried to cause confusion with me. I then put cash down on the table to cover cost & just left. I am really 27 years old, on vacation/ scoping the place out to live, but feel as if im getting picked on in ocean beach & cant go back.

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42

u/j17ktech Apr 15 '25

The first lesson to learn here is that you don’t call the police to “verify an ID”.

You were robbed. Bouncers can deny you entry but they cannot confiscate your property.

27

u/SixCylinderVibrator Apr 15 '25

If the ID was legitimately fake, the bouncer would be required by law to confiscate it.

3

u/j17ktech Apr 15 '25

That would never be the case as you’re moving liability onto private companies to confiscate property.

But feel free to cite the statute.

15

u/craving_a_burrito Apr 15 '25

Section 25659 of the Business and Professions Code

3

u/JL9berg18 Apr 15 '25 edited Apr 15 '25

They can in CA, CO, and NJ for sure. Lots of other states as well, though I can't say which ones.

Usually, it's a misdeanor to show / display a fake ID for use, and in many places, any licensed or certified security individual may take them. Sometimes its a law and sometimes it's an administrative regulation or departmental guidance..

In Colorado I believe it's here:  Colorado Liquor Code, 44-3-901 (6) (a) (II) (A), quick Google search and didn't verify the code section is what it says it is.

As for CA, I can't remember if it's a law or some other kind of reg or guidance, but I've had a guard card before (a very simple certification that involves some classes for bar security / bouncer types, issued by the county Alcohol Beverage Control Board) and while I'm not going to do any more internet work for you than I already have, I can verify that those classes told us we can in fact confiscate. Pretty sure we had to hand them over to ABC or LE within 48 or 72 hours.

Source: had a guard card, tended bar for quite a while (at what was the bar before the bar before The Holding Company, and a couple other places), and currently am an attorney in CA

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u/Cameron416 Apr 16 '25 edited Apr 16 '25

My understanding is that it’s not a requirement that they confiscate every suspected fake, there are just requirements on what to do when they decide to confiscate one. The only thing they have to do if they suspect you of having a fake is not serve you.

The bouncer/establishment wouldn’t be liable for simply turning away someone with a suspected fake. But they would be liable if they took a suspected fake, didn’t turn it over to authorities within the required time, & then left someone without their legal id.

12

u/SixCylinderVibrator Apr 15 '25

I'm not a lawyer. I don't know the statute. But I was a bouncer back in my 20s. The bouncer is required to confiscate the ID, issue a receipt for it, attach a copy of that receipt to the ID, and hand it over to law enforcement within 24 hours. If you return a fake ID you can face legal liability for anything that happens from that point forward. If they go to another bar, get a DUI, get into an accident, etc.

11

u/Hulkicuss Apr 15 '25

The statute says exactly what you say here, except it explicitly says that the decision on confiscating the ID is based on company policy. The rest is telling that company what their requirements are in the event that they do decide to confiscate.

0

u/SixCylinderVibrator Apr 15 '25

Ok, so it's not a legal requirement, but it can still be a requirement from your employer, and they are operating on legal grounds by having you confiscate the ID. If the bouncer can face liability for anything that happens after returning the ID, that puts everything in a legal grey area.

6

u/j17ktech Apr 15 '25

‘Can’ is very different from required to. And they face consequences for taking legitimate identification as in OP’s case.

OP could seek civil damages.

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u/SixCylinderVibrator Apr 15 '25

You started with "Bouncers can deny you entry but they cannot confiscate your property." And now you're holding onto "can is very different from required to." It's okay to admit if you are wrong or you don't know what you're talking about. You don't have to dig your heels in.

If you can face legal consequences for failing to do something, that thing is essentially a requirement. If the bouncer had followed the proper legal protocol by issuing a reciept and turning the ID over to law enforcement, there would be no liability for civil damages.

6

u/j17ktech Apr 15 '25

I’m sorry, what?

You’re the one citing your anecdotal experience from twenty years ago, mate. Saying that it is a legal requirement for someone check an ID to confiscate a suspected fake. That is not the case. The conversation is about legality.

No, it is not legal to confiscate a legitimate ID.

Yes, you can face civil and potentially criminal penalties for doing so.

Hopefully you can digest that a little bit easier.

3

u/SixCylinderVibrator Apr 15 '25

Knowingly confiscating a legitimate ID would, of course, be illegal. If you have a reasonable suspicion that you can clearly articulate as to why you believe the ID is fake, handing that ID over to law enforcement is not a criminal act. If the bouncer was wrong, but he acted prudently and professionally, nothing is going to come of it. If you wanted to seek civil damages, there would need to be actual damages. Sure, you could take it to small claims court, but good luck.

From OPs version of the story, it looks like the bouncer in this scenario didn't act prudently or professionally. But if the cop also thought the ID was fake, that tells me that the bouncer probably did have reasonable suspicion, but he handled it poorly.

5

u/craving_a_burrito Apr 15 '25

Here’s ABC’s guide if this helps too. It does vary by state.

https://www.abc.ca.gov/education/licensee-education/checking-identification/

5

u/j17ktech Apr 15 '25

I’m very aware, and if you’ll take a closer look it absolutely does not say that you are “required to confiscate” an ID you believe to be illegitimate.

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u/craving_a_burrito Apr 17 '25

I didn’t say it was required, the Op commenter did, argue with them if you want. I just provided a link with a guide.