(A) It shall be unlawful and a violation of this section for any licensee or permittee under this chapter to sell or deliver any alcoholic liquor to any person under the age of 21 years, to any intoxicated person or to any person known to the licensee or permittee to be under a legal disability or in need of mental treatment.
(B) For the purposes of preventing a violation of division (A) above, any licensee or permittee shall request adequate written evidence of identity of all persons ordering, purchasing or attempting to purchase any alcoholic liquor and shall refuse to sell, deliver or serve alcoholic liquor to any person who is unable to produce the evidence.
(C) As used in this section, adequate written evidence of identity and of age of a person is a document with an affixed photograph issued by a federal, state, county or municipal government, or subdivision or agency thereof, including but not limited to a motor vehicle operator’s license or an identification card issued to a member of the armed forces.
(D) (1) Proof that any licensee or permittee under this chapter was shown and reasonably relied upon any written evidence of identity and of age in any transaction prohibited by this section shall be an affirmative defense in the prosecution of any violation under this section.
(2) It shall not, however, be an affirmative defense if any licensee or permittee accepted any written evidence knowing it to be false or fraudulent.
(Ord. 07-05-01, passed 5-22-2007) Penalty, see § 110.999