Legislation
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
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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