(A) No permit holder, agent or employee of a permit holder, or any other person may be found guilty of a violation of any section of this chapter in which age is any element of the offense, if any court of record finds all of the following:
(1) That the person buying, at the time of so doing, exhibited to the permit holder, the agent or employee of the permit holder, or the other person a driver’s or commercial driver’s license or an identification card issued under R.C. §§ 4507.50 through 4507.52, or a military identification card issued by the United States Department of Defense, that displays a picture of the individual for whom the license or card was issued and shows that the person buying was then at least 21 years of age if the person was buying beer as defined in R.C. § 4301.01 or intoxicating liquor, or that the person was then at least 18 years of age if the person was buying any low-alcohol beverage;
(2) That the permit holder, the agent or employee of the permit holder, or the other person made a bona fide effort to ascertain the true age of the person buying by checking the identification presented at the time of the purchase to ascertain that the description on the identification compared with the appearance of the buyer and that the identification presented had not been altered in any way.
(3) That the permit holder, the agent or employee of the permit holder, or the other person had reason to believe that the person buying was of legal age.
(B) The defense provided by division (A) of this section is in addition to the affirmative defense provided by § 92.29.
(R.C. § 4301.639(A), (C)) (Rev. 2009)