Chapter 08-129

Chapter 129

2008 -- H 7222 SUBSTITUTE B

Enacted 07/01/08

A N A C T

RELATING TO ALCOHOLIC BEVERAGES -- REGULATION OF SALES

Introduced By: Representatives Malik, McNamara, Story, Gablinske, and Carter

Date Introduced: January 23, 2008

It is enacted by the General Assembly as follows:

SECTION 1. Sections 3-8-6, 3-8-9, 3-8-10, 3-8-11.1 and 3-8-11.2 of the General Laws in

Chapter 3-8 entitled "Regulation of Sales" are 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.

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 five hundred dollars

($500) and ~~may~~ shall be further punished by thirty (30) hours of community service and ~~may~~

shall 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~~ thirty (30) days; for the second offense

by a mandatory fine of not less than five hundred dollars ($500) nor more than seven hundred

fifty dollars ($750) and ~~may~~ shall 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 thirty (30) days~~ three (3) months; and for the third

and subsequent offenses by a mandatory fine for each offense of not less than seven hundred fifty

dollars ($750) nor more than one thousand dollars ($1,000) and ~~may~~ shall 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.

3-8-9. Transportation of alcoholic beverages by underage persons. – (a) Any person

who has not reached his or her twenty-first (21st) birthday and who operates a motor vehicle upon

the public highways, except when accompanied by a parent, or legal guardian, or another adult

who is over the age of twenty-one (21) years and related, whether by blood, adoption or marriage,

to the operator within the following degree of sanguinity: brother, sister, grandfather,

grandmother, father-in-law, mother-in-law, brother-in-law, sister-in-law, stepfather, stepmother,

stepbrother, stepsister, half-brother, half-sister, uncle, aunt, great uncle or great aunt and,

knowingly having liquor or intoxicating beverages in any form in containers, opened or

unopened, in any part of the vehicle~~, shall have his license suspended or his or her right to operate~~

~~a motor vehicle denied for a period of not more than thirty (30) days by the administrator of the~~

~~division of motor vehicles~~ shall be guilty of a criminal violation. The words liquor and

intoxicating beverages, as used in this section, have the same meaning as defined in chapter 1 of

this title. This section does not apply to persons between the ages of sixteen (16) and twenty-one

(21) who are transporting unopened alcoholic beverages in the course of their employment.

(b) Any person who violates subsection (a) of this section shall be subject to the

following:

(1) for a first offense, a fine of not more than two hundred fifty dollars ($250) and have

his or her license to operate a motor vehicle suspended for not more than thirty (30) days;

(2) for a second offense, a fine of not more than five hundred dollars ($500) and have his

or her license to operate a motor vehicle suspended for not more than ninety (90) days;

(3) for a third or subsequent offense, a fine of no less than five hundred dollars ($500) nor

more than nine hundred and fifty dollars ($950) and have his or her license to operate a motor

vehicle suspended for one year.

3-8-10. Possession of beverage by underage persons. -- Any person who has not

reached his or her twenty-first (21st) birthday and has in his or her possession any beverage as

defined in this title shall be fined one hundred fifty dollars ($150) to seven hundred fifty dollars

($750) for the first offense, three hundred dollars ($300) to seven hundred fifty dollars ($750) for

the second offense, and four hundred fifty dollars ($450) to ~~seven~~ nine hundred fifty dollars

~~($750)~~ ($950) for the third or subsequent offense. In addition, any person who violates this

section ~~may~~ shall be required to perform thirty (30) hours of community service and shall be

subject to a minimum sixty (60) day suspension of his or her driver's license, and upon a second

offense may be ordered to undergo a substance abuse assessment by a licensed substance abuse

professional.

3-8-11.1. Furnishing or procurement of alcoholic beverages for underage persons. --

(a) As used in this section: (1) "furnish" means to provide with, supply, give or purchase; (2)

"procure" means to get possession of, obtain by particular care and effort; and (3) "permit" means

to give permission for, or approval of, the possession or consumption of an alcoholic beverage by

any form of conduct, that would cause a reasonable person to believe that permission or approval

has been given.

(b) Except as otherwise provided in subsection (c) of this section it is unlawful for any

person twenty-one (21) years of age or older:

(1) to purchase from any licensee or any employee of a licensee any alcoholic beverage

for the sale, delivery, service of or giving away to, any person who has not reached his or her

twenty-first (21st) birthday;

(2) to purchase from any licensee or any employee of any licensee any alcoholic beverage

with the intent to cause or permit said alcoholic beverage to be sold, or given to any person who

has not reached his or her twenty-first (21st) birthday;

(3) to knowingly furnish any alcoholic beverage for the sale, delivery, service of or

giving to any person who has not reached his or her twenty-first (21st) birthday;

(4) to procure alcoholic beverages for the sale, delivery, service of or giving to any

person who has not reached his or her twenty-first (21st) birthday; or

(5) to otherwise permit the consumption of alcohol by underaged persons in his or her

residence or on his or her real property.

by a minor for religious purposes; or to a parent or legal guardian procuring or furnishing alcohol

to, or permitting the consumption of alcohol by, his or her minor child or ward.

(d) Any ~~adult~~ person who violates this section will be subject to the penalties provided in

section 3-8-11.2.

3-8-11.2. Penalty for violation of section 3-8-11.1. -- (a) Any ~~adult~~ person who violates

section 3-8-11.1 and either pleads nolo contendere or is convicted of a first misdemeanor

violation shall be punished by a fine of not less than three hundred fifty dollars ($350.00) nor

more than one thousand dollars ($1,000.00) and/or imprisoned for a period not exceeding six (6)

months, or both.

(b) Any person who violates section 3-8-11.1 and either pleads nolo contendere or is

convicted of a second misdemeanor violation shall be punished by a fine of not less than seven

hundred fifty dollars ($750.00) nor more than one thousand dollars ($1,000.00) and/or imprisoned

for a period not exceeding ~~six (6) months~~ one year, or both.

convicted of a third or subsequent violation shall be guilty of a felony and shall be punished by a

fine not ~~exceeding~~ less than one thousand dollars ($1,000) nor more than two thousand five

hundred dollars ($2,500) and/or imprisonment not exceeding ~~one year~~ three (3) years. Any person

convicted of a second or subsequent offense under of this section shall not have any fine

suspended.

SECTION 2. Chapter 3-8 of the General Laws entitled "Regulation of Sales" is hereby

amended by adding thereto the following section:

3-8-6.3. Manufacture or distribution of fraudulent identification cards or licenses to

operate a motor vehicle. – (a) It shall be unlawful for any person to manufacture or distribute a

fraudulent identification card, as defined in sections 11-18-20.1 and 3-8-6, or a fraudulent license

to operate a motor vehicle.

(b) Each incident of manufacturing or distributing a fraudulent identification card or a

fraudulent license to operate a motor vehicle shall be considered a separate and distinct offense.

violation and shall be subject to the following:

(1) for a first offense, a fine of not more than five hundred dollars ($500);

(2) for a second offense, a fine of not more than one thousand dollars ($1000);

(3) for a third or subsequent offense, a fine of not more than two thousand dollars

($2000).

SECTION 3. This act shall take effect upon passage.

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LC00394/SUB B

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