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Welcome to the legal library.  This section contains links to legislation related to affirmative defense legislation and use of ID scanner / age verifiers. Additional articles on the subject can be found here.   Please check with your local alcoholic control beverage agency for the latest in your jurisdiction.  If you find something relevant, please forward it to webmaster@cardvisor.com

Connecticut

In Connecticut, there are three affirmative defenses available to counter the charge of sale of alcohol to minors:  the use of a transaction scan device, the proper use of the age statement form, and since 2004, the photo identification defense. 

 

The Department of Consumer Protection was directed to present for consideration regulations relating to this photo identification defense.

 

The proposed regulations were designed to provide a liquor retailer, their agent or employee, with the ability to demonstrate a “good-faith” effort and demonstrate a level of reasonable diligence in their effort to accept a valid state driver’s license or identity card as proof of age for alcohol service. More...

Ohio
Excerpt: ...to grant liquor permit holders and sellers of tobacco products, and their agents and employees, an affirmative defense against a charge of selling or otherwise distributing cigarettes or other tobacco products, or selling beer, intoxicating liquor, or low-alcohol beverages, to an underage person if a transaction scan of the person's driver's or commercial driver's license or Ohio identification card indicates it is valid and the scan is reasonably relied upon; to restrict the use of the information obtained through a transaction scan; to require the Registrar of Motor Vehicles to adopt rules relating to the use of transaction scan devices;...  For the complete bill, click on Ohio Senate Bill Number 200

Texas
During the 2001 legislative session, HB 3016 by Representative Haggerty passed, allowing retail establishments to use electronic equipment to determine the authenticity of personal identification when selling alcohol. It also regulates the use of collected transaction scan data.  For the complete bill, click on HB 3016

Oregon
Exerpt:  ...Upon finding that a package store licensee or an employee of a package store licensee has sold alcoholic beverages to a minor, or has failed to properly verify identification of a person who purchased alcoholic beverages, the
Oregon Liquor Control Commission may allow the licensee, in lieu of a civil penalty or denial, suspension or cancellation of the license, to acquire and use equipment designed to prevent sales of alcoholic beverages to minors...  For the complete bill, click on Oregon House Bill Number 2140B

West Virginia
Exerpt:  ...A licensee, who: (i) Has installed a transaction scan device in its licensed premises; and (ii) can demonstrate that it requires each employee, servant, or agent to verify the age of any individual to whom liquor is sold, furnished, or given away by the use of the transaction device may not be subject to: (A) Any criminal penalties whatsoever; (B) any administrative penalties from the commissioner; or (C) any civil liability whatsoever for the improper sale, furnishing, or giving away of liquor to an individual who is less than twenty-one years of age by one of his or her employees, servants or agents. Any agent, servant, or employee, who has improperly sold, furnished or given away liquor to an individual who is less than twenty-one years of age, is subject to the criminal penalties of subsection (b) of this section. Any agent, servant, or employee, who has improperly sold, furnished or given away liquor to an individual less than twenty-one years of age, is subject to termination from employment, and the employer shall have no civil liability for the termination....

...Information from a transaction scan may not be used or released for any purpose other than to verify compliance or noncompliance of the licensee with the provisions of this article...  For the complete bill, click on West Virginia  Senate Bill Number 535

     

 


 

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