(A) Except as provided in division (B) below, it shall be unlawful for any licensee or any officer, associate, member, representative, agent or employee of such licensee to sell, give or deliver alcoholic liquor to any person under the age of 21 years or to any intoxicated person. No person, after purchasing or otherwise obtaining alcoholic liquor, shall sell, give or deliver such alcoholic liquor to another person under the age of 21 years, except in the performance of a religious ceremony or service. If a licensee or officer, associate, agent or employee of the licensee is prosecuted under this division (A), for selling, giving or delivering alcoholic liquor to a person under the age of 21 years, the person under 21 years of age who attempted to buy or receive the alcoholic liquor may be prosecuted pursuant to § 113.57 of this chapter, unless the person under 21 years of age was acting under the authority of a law enforcement agency, the state’s Liquor Control Commission or the Local Liquor Control Commission pursuant to a plan or action to investigate, patrol or conduct any similar enforcement action.
(1) For the purpose of preventing the violation of this section, any licensee, or his or her agent or employee shall refuse to sell, deliver or serve alcoholic beverages to any person who is unable to produce adequate written evidence of identity and of the fact that he or she is over the age of 21 years, if requested by the licensee, agent, employee or representative.
(2) However, no agent or employee of the licensee shall be disciplined or discharged for selling or furnishing liquor to a person under 21 years of age if the agent or employee demanded and was shown, before furnishing liquor to a person under 21 years of age, adequate written evidence of age and identity of the person issued by a federal, state, county or village government, or subdivision or agency thereof, including, but not limited to, a motor vehicle operator’s license, a registration certificate issued under the Federal Selective Service Act, being 50 U.S.C. §§ 3801 et seq., or an identification card issued to a member of the Armed Forces. This division (A)(2), however, shall not apply if the agent or employee accepted the written evidence knowing it to be false or fraudulent.
(3) Adequate written evidence of age and identity of the person is a document issued by a federal, state, county or village government, or subdivision or agency thereof, including, but not limited to, a motor vehicle operator’s license, a registration certificate issued under the Federal Selective Service Act, or an identification card issued to a member of the Armed Forces. Proof that the defendant-licensee, or his or her employee or agent demanded, was shown and reasonably relied upon such written evidence in any transaction forbidden by this section is an affirmative defense in any criminal prosecution therefor or to any proceedings for the suspension or revocation of any license based thereon. It shall not, however, be an affirmative defense if the agent or employee accepted the written evidence knowing it to be false or fraudulent. If a false or fraudulent driver’s license or identification card is presented by a person less than 21 years of age to a licensee or the licensee’s agent or employee for the purpose of ordering, purchasing, attempting to purchase or otherwise obtaining or attempting to obtain the serving of any alcoholic beverage, the law enforcement officer or agency investigating the incident shall, upon the conviction of the person who presented the fraudulent license or identification, make a report of the matter to the Secretary of State on a form provided by the Secretary of State.
(4) A licensee or an officer, associate, member, representative, agent or employee of a licensee may sell, give or deliver alcoholic liquor to a person under the age of 21 years or authorize the sale, gift or delivery of alcoholic liquor to a person under the age of 21 years pursuant to a plan or action to investigate, patrol or otherwise conduct a “sting operation” or enforcement action against a person employed by the licensee or on any licensed premises if the licensee or officer, associate, member, representative, agent or employee of the licensee provides written notice, at least 14 days before the “sting operation” or enforcement action to the Local Liquor Control Commissioner. Notice provided under this section shall be valid for a “sting operation” or enforcement action conducted within 60 days of the provision of that notice.
(B) The Local Liquor Control Commission shall review the model policy and guidelines for the operation of alcohol compliance checks developed by the state’s Law Enforcement Training Standards Board and shall establish a policy and standards for alcohol compliance operations to investigate whether a licensee is furnishing alcoholic liquor to persons under 21 years of age in violation of this chapter. All supervising officers of such compliance checks shall have met the minimum training standards as determined by the state’s Law Enforcement Training Standards Board.
(C) A licensee who is the subject of an enforcement action or “sting operation” under this section and who is found to be in compliance with this chapter shall be notified by the law enforcement agency conducting the enforcement action or “sting operation” that no violation was found within 30 days after such finding has been made.
(Ord. 06-101, passed 4-17-2006) Penalty, see § 113.99