Chapter
307
2004 -- H 7810
Enacted 07/03/04
A N A C T
RELATING TO ALCOHOLIC
BEVERAGES -- REGULATION OF SALES
Introduced By:
Representatives Kilmartin, Ajello, and Moura
Date
Introduced: February 12, 2004
It is enacted by the General
Assembly as follows:
SECTION
1. Section 3-8-6 of the General Laws in Chapter 3-8 entitled "Regulation
of
Sales" is hereby amended to
read as follows:
3-8-6.
Unlawful drinking and misrepresentation by underage persons --
Identification cards for
persons twenty-one and older. --
(a) It is unlawful for: (1) A person
who has not reached his or her
twenty-first (21st) birthday to enter any premises licensed for the
retail sale of alcoholic beverages
for the purpose of purchasing or having served or delivered to
him or her alcoholic beverages; or
(2) A person who has not reached his or her twenty-first (21st)
birthday to consume any alcoholic
beverage on premises licensed for the retail sale of alcoholic
beverages or to purchase, attempt
to purchase, or have another purchase for him or her any
alcoholic beverage; or (3) A person
to misrepresent or misstate his or her age, or the age of any
other persons, or to misrepresent
his or her age through the presentation of any of the following
documents: (i) An armed service
identification card, valid passport, the identification card
license, or any other documentation
used for identification purposes that may belong to any other
person who is twenty-one (21) years
or older; (ii) A motor vehicle operator's license which bears
the date of birth of the licensee,
and which is issued by this state or any other state; (iii) A Rhode
Island identification card as
defined in subsection (b) for the purpose of inducing any licensee or
any employee of any licensee, to
sell, serve or deliver any alcoholic beverage to a minor. (b) (1)
The administrator of the division
of motor vehicles shall issue to any person who has reached his
or her twenty-first (21st) birthday
a Rhode Island identification card upon payment of a fee of
fifteen dollars ($15.00), and, upon
presentation of a certified birth or baptismal certificate, or U.S.
or foreign passport, or U.S.
naturalization certificate or a valid immigrant or refugee document
issued by the United States
immigration and naturalization service, including, but not limited to,
any one of the following: Form
I-551, Form I-94, Form I-688A, and Form I-688, together with a
document bearing the applicant's
signature. (2) A person who has reached his or her fifty ninth
(59th) birthday is not required to
pay the fee. (3) Each registration card shall be subject to
renewal every five (5) years upon
payment of a fee of fifteen dollars ($15.00). (4) No person who
holds an operator's license issued
by this state or any other state shall be issued a Rhode Island
identification card. (5) The
identification card shall be signed by the administrator of the division
of motor vehicles and by the
applicant and his or her picture shall appear on the card along with
the required information and the
card shall be encased in laminated plastic. The card shall be two
inches (2") in height and four
inches (4") in length and shall be printed in the following form:
RHODE
ISLAND IDENTIFICATION CARD
Date
Issued ................................................. No. . . . . . .
First
Name Middle Name Last Name
Address
.............................................................................
BIRTH
RECORD
Month
........................ Day . . . . . . . . . . Year . . . . . . . . .
Secure
Color Color Sex Ht. Wt.
Photo
of hair of eyes
by
Pasting
here
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Issued
by
Administrator
of
the Division of Motor Vehicles
.........................................................................
.........................................................................
.........................................................................
Administrator
(6)
The identification cards shall be produced at the adult correctional
institutions if they
have facilities to do so; if the
adult correctional institutions have no facilities to do so, then all
cards shall be manufactured by the
lowest responsible bidder following advertisement for the
solicitation of bids.
(7)
The identification cards shall be clearly distinguishable from those issued
pursuant to
section3-8-6.1 and operators' and
chauffeurs' licenses issued pursuant to title 31.
(8) Any
person who has been designated as permanently and totally disabled by the
social
security administration or who Uupon certification by an optometrist, or an
ophthalmologist or
physician that a holder of a valid and current motor vehicle
operator's license is legally blind no
longer able to operate a motor
vehicle, the administrator of the
division of motor vehicles shall
issue to such person, upon request,
a Rhode Island identification card for the unexpired term of
such person's motor vehicle
operator's license at no additional cost. Thereafter, a renewal of such
card shall be subject to the
standard renewal charge of fifteen dollars ($15.00) until such person
shall reach his or her fifty-ninth
(59th) birthday. (c) (1) Every retail Class A, B, C, and D
licensee shall cause to be kept a
book or photographic reproduction equipment which provides the
same information as required by the
book. That licensee and/or the licensee's employee shall
require any person who has shown a
document as set forth in this section substantiating his or her
age to sign that book or to permit
the taking of his or her photograph and indicate what document
was presented. Use of the
photographic reproduction equipment is voluntary for every Class A,
B, C and D licensee. (2) The
sign-in as minor book and photographic reproduction equipment
shall be prescribed, published, and
approved at the direction and control of the division. The book
shall contain at least four hundred
(400) pages, shall be uniform throughout the state, and shall be
distributed at a cost not to exceed
seven dollars ($7.00). (3) If a person whose age is in question
signs the sign-in as minor book or
has a photograph taken before he or she is sold any alcoholic
beverage and it is later determined
that the person had not reached his or her twenty-first (21st)
birthday at the time of sale, it is
considered prima facie evidence that the licensee and/or the
licensee's agent or servant acted
in good faith in selling any alcoholic beverage to the person
producing the document as set forth
in this section misrepresenting his or her age. (4) Proof of
good faith reliance on any misrepresentation
is a defense to the prosecution of the licensee and/or
the licensee's agent or servant for
an alleged violation of this section. (d) (1) Any person who
violates this section shall be
punished for the first offense by a mandatory fine of not less than
one hundred dollars ($100) nor more
than two hundred fifty dollars ($250) and may be further
punished by a suspension of his or
her motor vehicle operator's license or driving privileges for a
period of not more than three (3)
months; for the second offense by a mandatory fine of not less
than two hundred fifty dollars
($250) nor more than five hundred dollars ($500) and may be
further punished by a suspension of
his or her motor vehicle operator's license or driving
privileges for a period of not more
than six (6) months; and for the third and subsequent offenses
by a mandatory fine for each
offense of not less than five hundred dollars ($500) nor more than
one thousand dollars ($1,000) and
may be further punished by a suspension of his or her motor
vehicle operator's license or
driving privileges for a period of not more than one year. (2) Any
suspension of an operator's license
or driving privilege pursuant to this section shall not operate to
affect the insurance rating of the
offender and any operator's license or driving privilege
suspended pursuant to this section
shall be reinstated without further expense upon application.
(e) Within thirty (30) days after
this incident the police chief of the city or town where the
incident took place is directed to
inform, in writing, the department of business regulation
whether or not charges in
accordance with this section have been preferred against a person who
has not reached his or her
twenty-first (21st) birthday and has violated this section. If no charge is
brought against any person who has
not reached his or her twenty-first (21st) birthday and has
violated the provisions of this
section, then the police chief of the city or town where the incident
took place will state the reason
for his or her failure to charge the person who has not reached his
or her twenty-first (21st)
birthday. (f) The Rhode Island identification card may be withdrawn at
any time for just cause, at the
discretion of the administrator of the division of motor vehicles.
The administrator of the division
of motor vehicles shall keep a record of the cards issued and
each card shall contain an
identification number specifically assigned to the person to whom the
card was issued.
SECTION
2. This act shall take effect upon passage.
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LC02164
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