---

---

HOUSE BILL No. 1339

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.

---

---

Bell, Truitt, Austin, Van Haaften

---

---

    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 this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2009 Regular and Special Sessions of the General Assembly.

---

    A BILL FOR AN ACT to amend the Indiana Code concerning alcohol and tobacco.

SOURCE: IC 7.1-5-7-5.1; (10)IN1339.1.1. -->     SECTION 1. IC 7.1-5-7-5.1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 5.1. (a) A permittee in a criminal prosecution or in a proceeding before the commission or a local board based upon a charge of unlawfully furnishing an alcoholic beverage to a minor may offer either or both of the following proofs as a defense or defenses to the prosecution or proceeding:
        (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; or
                (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 _______________________
____________________________
____________________________

SOURCE: IC 7.1-5-10-23; (10)IN1339.1.2. -->     SECTION 2. IC 7.1-5-10-23 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 23. (a) It is a Class B misdemeanor for a permittee or an employee or agent of a permittee to recklessly, knowingly, or intentionally sell, barter, exchange, provide, or furnish another person an alcoholic beverage for consumption off the licensed premises, without first requiring the person to produce:
        (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.