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RELATING TO ALCOHOLIC BEVERAGES -- IDENTIFICATION CARDS

Introduced By: Representatives Malik, Munschy, Iwuc and Menard

Date Introduced : February 3, 1998

It is enacted by the General Assembly as follows:

SECTION 1. Sections 3-8-6 and 3-8-6.1 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 21 and older. -- (a) It shall be unlawful for:

(1) Any 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) Any 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) Any 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:

(A) 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 of the age of twenty-one (21) years or older;

(B) A motor vehicle operator's license which bears the date of birth of the licensee, and which is issued by the state of Rhode Island or any other state;

(C) A Rhode Island identification card as defined in the following paragraph 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) The assistant director for 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 {DEL ten dollars ($10.00) DEL} {ADD fifteen dollars ($15.00) ADD}, 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. Provided, however, any person who has reached his or her {DEL sixty-fifth (65th) DEL} {ADD fifty ninth (59th) ADD} birthday shall not be required to pay such fee. {ADD Each registration card shall be subject to renewal every five (5) years upon payment of a fee of fifteen dollars ($15.00). ADD} No person who holds an operator's license, issued by the state of Rhode Island shall be issued a Rhode Island identification card. The identification card shall be signed by the assistant director for motor vehicles and also by the applicant and his or her picture secured thereto after entry thereon of the required information and the card shall, thereafter, 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:

The identification cards shall be produced at the adult correctional institution if it has facilities to do so; if the adult correctional institution has no such facilities then all cards shall be manufactured by the lowest responsible bidder following advertisement for the solicitation of bids.

{ADD 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. ADD}

(c) Every retail class A, B, C, and D licensee shall cause to be kept a book or photographic reproduction equipment which shall provide the same information as required by the book and 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 said photographic reproduction equipment shall be voluntary for every class A, B, C and D licensee.

The "sign-in as minor" book and photographic reproduction equipment shall be prescribed, published and approved at the direction and control of the department. 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).

If a person whose age is in question shall sign the "sign-in as minor" book or have such photograph taken before he or she is sold alcoholic beverage or beverages and it is later determined that such person was a person who has not reached his or her twenty-first (21st) birthday at the time of said selling, it shall be considered prima facie evidence that the licensee and/or the licensee's agent or servant acted in good faith in selling those alcoholic beverage or beverages to such person or persons so producing the document as set forth in this section misrepresenting his or her age.

Proof of good faith reliance on such misrepresentation shall be a defense to the prosecution of such licensee and/or the licensee's agent or servant for an alleged violation of this section.

(d) Any person who shall violate any of the provisions of 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.

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 such incident the respective police chief of the appropriate city or town is directed to inform in writing, the department of business regulation whether or not charges in accordance with the provisions of this section have been preferred against any person who has not reached his or her twenty-first (21st) birthday violating this section, and, provided, further, that if no such charge shall be brought against any person who has not reached his or her twenty-first (21st) birthday violating the provisions of this section, then the respective police chief will state the reason for his failure to so 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 assistant director for motor vehicles. The assistant director for 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.

3-8-6.1. Identification cards for persons under the age of 21. -- (a) The assistant director for motor vehicles shall issue to any person upon request who is under twenty-one (21) years of age an identification card upon payment of a fee of {DEL ten dollars ($10.00) DEL} {ADD fifteen dollars ($15.00) ADD}, 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. No person who holds an operator's license, issued by the state of Rhode Island or any other states shall be issued an identification card. {ADD The identification card shall be subject to renewal every five (5) years upon the payment of a fee of fifteen dollars ($15.00). ADD} The identification card shall be signed by the assistant director for motor vehicles and also by the applicant and his or her picture secured thereto after entry thereon of the required information and the card shall, thereafter, 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:

The identification cards shall be produced at the adult correctional institution if it has facilities to do so; if the adult correctional institution has no such facilities then all cards shall be manufactured by the lowest responsible bidder following advertisement for the solicitation of bids.

The identification cards shall be clearly distinguishable from those issued pursuant to section 3-8-6 {ADD and operators' and chauffeurs' licenses issued pursuant to title 31 ADD}.

(b) The identification card may be withdrawn at any time for just cause, at the discretion of the assistant director for motor vehicles. The assistant director for 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.