Bill Text: IN HB1339 | 2010 | Regular Session | Introduced
Bill Title: Identification for carryout purchases.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2010-01-13 - First reading: referred to Committee on Public Policy [HB1339 Detail]
Download: Indiana-2010-HB1339-Introduced.html
Citations Affected: IC 7.1-5.
Synopsis: Identification for carryout purchases. Makes it a Class B
misdemeanor for an alcoholic beverage permittee or permittee's
employee or agent to recklessly, knowingly, or intentionally sell, barter,
exchange, provide, or furnish another person alcoholic beverages for
carryout without first requiring the person to produce proof that the
person is at least 21 years of age by: (1) a driver's license; (2) a
government issued identification card; or (3) a government issued
document; that bears the person's photograph and birth date. Provides
that it is a defense in a criminal or administrative proceeding that the
individual to whom the alcoholic beverages were sold appeared to be
at least 50 years of age. Requires a permittee who sells alcoholic
beverages for carryout to post a sign that informs consumers that state
law requires a purchaser to produce identification to purchase alcoholic
beverages for carryout. Provides that in a criminal prosecution or
proceeding before the alcohol and tobacco commission, it is a defense
to a charge of unlawfully furnishing alcohol to a minor that the
purchaser produced a government issued document bearing the
purchaser's photograph and showing the purchaser to be at least 21
years of age.
Effective: July 1, 2010.
January 13, 2010, read first time and referred to Committee on Public Policy.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
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Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
alcohol and tobacco.
(1) That:
(A) the purchaser:
(i) falsely represented the purchaser's age in a written statement, such as that prescribed by subsection (b), supported by two (2) forms of identification showing the purchaser to be at least twenty-one (21) years of age;
(ii) produced a driver's license bearing the purchaser's photograph;
(iii) produced a photographic identification card, issued under IC 9-24-16-1 or a similar card, issued under the laws of another state or the federal government, showing that the
purchaser was of legal age to make the purchase; or
(iv) produced a government issued document bearing the
purchaser's photograph and showing the purchaser to be
at least twenty-one (21) years of age;
(B) the appearance of the purchaser was such that an ordinary
prudent person would believe the purchaser to be of legal age
to make the purchase; and
(C) the sale was made in good faith based upon the reasonable
belief that the purchaser was actually of legal age to make the
purchase.
(2) That the permittee or his the permittee's agent had taken all
reasonable precautions in instructing his the permittee's
employees, in hiring his the permittee's employees, and in
supervising them as to sale of alcoholic beverages to minors.
(b) The following written statement is sufficient for the purposes of
subsection (a)(1)(A)(i):
I understand that misrepresentation of age to induce the sale, service, or delivery of alcoholic beverages to me is cause for my arrest and prosecution, which can result in punishment as follows:
(1) Possible payment of a fine of up to $500.
(2) Possible imprisonment for up to 60 days.
(3) Possible loss or deferment of driver's license privileges for up to one year.
(4) Possible requirement to participate in an alcohol education or treatment program.
Knowing the possible penalties for misstatement, I hereby represent and state, for the purpose of inducing ________________________
to sell, serve, or deliver alcoholic beverages to me, that I was born:
________, _______, ______ and am ____ years of age.
(Month) (Day) (Year)
Date __________ Signed _______________________
Address ______________________
____________________________
Other Identification Signature of person
Presented: who witnessed completion
Nonphoto driver's of this statement
license: (number & state) by patron:
________________________ ____________________________
Social Security Number
____________________________
Other _______________________
____________________________
____________________________
(1) a driver's license;
(2) an identification card issued under IC 9-24-16-1, or a similar card issued under the laws of another state or the federal government; or
(3) a government issued document;
bearing the person's photograph and birth date showing that the person is at least twenty-one (21) years of age.
(b) It is a defense in a criminal or administrative proceeding to a charge under this section that the permittee or employee or agent of the permittee sold, bartered, exchanged, provided, or furnished alcoholic beverages for consumption off the licensed premises to an individual who was or reasonably appeared to be more than fifty (50) years of age.
(c) A permittee who sells alcoholic beverages for consumption off the licensed premises shall post a sign on the premises:
(1) in a location plainly visible to consumers;
(2) that is at least eight and one-half (8 1/2) inches by eleven (11) inches; and
(3) that contains the following language in at least 20 point type: STATE LAW REQUIRES IDENTIFICATION FOR SALES OF ALCOHOLIC BEVERAGES FOR CARRYOUT.
The commission may require an applicant to use a sign prepared by the commission. The commission may charge a fee for a sign prepared by the commission that does not exceed the cost of the sign.
