Chapter 191

2007 -- H 6161 SUBSTITUTE A

Enacted 07/02/07

A N A C T

RELATING TO ALCOHOLIC BEVERAGES

Introduced By: Representatives Lally, and Shanley

Date Introduced: March 15, 2007

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

section 3-8-6.1 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 upon certification by an optometrist, ophthalmologist or physician

that a holder of a valid and current motor vehicle operator's license is 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 five

hundred dollars ($250)($500) and may be further punished by thirty (30) hours of community

service 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) five hundred dollars ($500) nor

more than five hundred dollars ($500) seven hundred fifty dollars ($750) and may be further

punished by forty (40) hours of community service and will 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 thirty (30) days; and for the third and subsequent offenses by a mandatory fine for

each offense of not less than five hundred dollars ($500) seven hundred fifty dollars ($750) nor

more than one thousand dollars ($1,000) and may be further punished by fifty (50) hours of

community service and will be further punished by a suspension of his or her motor vehicle

operator's license or driving privileges for a period of not less than three (3) months but 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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LC02527/SUB A

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