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Pennsylvania Affirmative Defense Statute

Transaction Scan Device provides ability to save employees from prosecution for serving minor

Below is the actual PA statute on ways a liquor licenee can protect their liquor license.  One way is to use an ID Scanner – see below.

 

Pennsylvania Statutes Title 47 P.S. Liquor § 4-495. Identification cards; licensees and state liquor store employees saved from prosecution

 

(a) The valid photo driver’s license or identification card issued by the Department of Transportation or by any other state, or Canadian driver’s license or other bona fide Canadian identification such as a Canadian-issued passport, or a valid armed forces of the United States identification card, a valid passport or a travel visa issued by the United States or a foreign country that contains the holder’s photograph shall, for the purpose of this act, be accepted as an identification card.

(b) Such identification card shall be presented by the holder thereof upon request of any State Liquor Store or any licensee, or the servant, agent or employee thereof, for the purpose of aiding such store, licensee, or the servant, agent or employee to determine whether or not such person is twenty-one years of age and upwards, when such person desires alcoholic beverage at a State Liquor Store or licensed establishment.

(c) In addition to the presentation of such identification card, the agent of the State Liquor Store or the licensee, or his servant, agent or employee, may require the person whose age may be in question to fill in and sign a form containing language approved by the board or containing the following:

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I,․․․․․․․․․․ hereby represent to ․․․․․․․․․․, a State Store or licensee of the board, that I am of full age and discretion and over the age of 21 years, having been born on ․․․․․․․․․․ 19․․․ at ․․․․․․․․․․

This statement is made to induce said store or licensee above named to sell or otherwise furnish alcoholic beverages to the undersigned.

Serial Number of Identification Card:

I understand that I am subject to a fine of $300.00 and sixty days imprisonment for any misrepresentation herein.

․․․․․․․․․․․․
(Name)
․․․․․․․․․․․․
(Address)

Witness:

Name․․․․․․․․․․

Address․․․․․․․․․․

The forms shall be printed in a manner approved by the board and shall be filed alphabetically by the State Liquor Store or licensee in a file box containing a suitable alphabetical index at or before the close of business on the day that the form is executed, and any such form shall be subject to examination by any officer, agent or employe of the enforcement bureau at any and all times.

(d) Repealed. 1988, March 25, P.L. 262, No. 31, § 15(b) effective in 60 days.

(e) No penalty shall be imposed on a licensee, licensee’s employee or State Liquor Store employee for serving alcohol to a minor if the licensee or employee can establish that the minor was required to produce an identification card as set forth in subsection (a), the minor completed and signed the form as set forth in subsection (c) and these documents were relied upon in good faith. This defense shall apply to all civil and criminal prosecutions.

(f) In addition to the defense set forth in subsection (e), no penalty shall be imposed on a licensee, licensee’s employee or State Liquor Store employee for serving alcohol to a minor if the licensee or employe can establish that the minor was required to produce an identification card as set forth in subsection (a), a photograph, photocopy or other visual or video presentation of the identification card was made and those documents were relied upon in good faith. This defense shall apply to all civil and criminal prosecutions.

(g) In addition to the defenses set forth in subsections (e) and (f), no penalty shall be imposed on a licensee, licensee’s employee or Pennsylvania Liquor Store employee for serving alcohol to a minor if the licensee or employee can establish that the minor was required to produce an identification card as set forth in subsection (a), the identification card is identified as a valid card by a transaction scan device and the identification card and transaction scan results were relied upon in good faith. This defense shall apply to all civil and criminal prosecutions. For purposes of this section, a “transaction scan device” is a device capable of deciphering in an electronically readable format the information encoded on the magnetic strip or bar code of an identification card set forth in subsection (a).

(h) No licensee or licensee’s agent or employee shall sell or otherwise disseminate the information derived from a transaction scan to any third party, except to the board, the bureau or other law enforcement official, for any purpose, including, but not limited to, any marketing, advertising or promotional activities, except that a licensee or licensee’s agent or employee may release that information pursuant to a court order. Any person who violates this subsection commits a summary offense and shall, upon conviction, be sentenced to pay a fine not exceeding five hundred dollars ($500) for the first offense and to pay a fine not exceeding one thousand dollars ($1,000) for subsequent offenses.

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