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Indiana Code Title 7.1. Alcohol and Tobacco § 7.1-5-7-4.5

Current as of June 08, 2021 | Updated by FindLaw Staff

Sec. 4.5. (a) As used in this section, “ID card” means any of the following:

(1) A driver's license.

(2) A photographic identification card issued under IC 9-24-16-1 or a similar card issued under the laws of another state or the federal government.

(3) A government issued document bearing an individual's photograph.

(b) As used in this section, “permittee” means a person who holds a valid permit under this title, including an employee of a permittee.

(c) A permittee may retain an ID card that was provided to the permittee by a person as proof of age for making a purchase of an alcoholic beverage, if the permittee has:

(1) received alcohol server training under IC 7.1-3-1.5;  and

(2) a reasonable belief that the ID card:

(A) has been altered or falsified;  or

(B) was not issued to the person who provided the ID card to the permittee.

(d) If the permittee retains an ID card, the permittee shall do the following:

(1) Issue a receipt to the person who provided the ID card.  The receipt must state the date and the hour that the permittee retained the ID card.

(2) Not later than twenty-four (24) hours after the ID card is retained, provide:

(A) the ID card;  and

(B) a written statement of the facts and circumstances surrounding the permittee's retention of the ID card;

to a state or local law enforcement agency that has jurisdiction where the permit premises is located.

(e) If the law enforcement agency does not:

(1) initiate an investigation;  or

(2) find that probable cause exists;

as to any violation of section 1, 3, or 4 of this chapter, the law enforcement agency shall release the ID card to the person who was issued the ID card.

(f) A permittee is not subject to criminal liability or civil liability for retention of an ID card in accordance with this section.

(g) A permittee is not immune from civil or criminal liability for using force against a person in order to obtain an ID card.

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Cite this article: FindLaw.com - Indiana Code Title 7.1. Alcohol and Tobacco § 7.1-5-7-4.5 - last updated June 08, 2021 | https://codes.findlaw.com/in/title-7-1-alcohol-and-tobacco/in-code-sect-7-1-5-7-4-5.html

Read this complete Indiana Code Title 7.1. Alcohol and Tobacco § 7.1-5-7-4.5 on Westlaw

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.

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