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PA Affirmative Defense – Liquor Control Board Case

Affirmative Defense from PA Liquor Control Board Case regarding Fake ID – see page five of the ruling.  PA-liquor-control-affirmative-defence-07-0686A

In this case, the merchant had a scanner, but the minor presented a Fake Maryland ID, which has a barcode but not a magnetic stripe and since the merchant since the merchant’s scanner did not have a barcode reader, it could not scan the barcode.  If the Merchant had had an ID Scanner with a barcode reader and had scanned the Maryland ID, then according to  [47 P.S. § 495(a)],  they could claim one of the 3 methods of verification and escaped liability.   Note: You should have your lawyer review  [47 P.S. § 495(a)] and the attached case before drawing any conclusions about affirmative defense in Pennsylvania

According to [47 P.S. § 495(a)]  

Once Licensee has established that a valid form of identification was presented, Licensee must utilize one (1) of three (3) methods of verification to escape liability. Licensee must require that the minor complete and sign a Declaration of Age Card; Licensee can make a photograph, photocopy or other visual or video presentation of the valid identification card; or, Licensee can use a transaction scan device pursuant to section 495(g). Further, the method chosen must be relied upon by Licensee in good faith. [47 P.S. § 495(c), (e)-(g)]

 

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