TITLE 3
Alcoholic Beverages
CHAPTER 3-8
Regulation of Sales
SECTION 3-8-6
§ 3-8-6 Unlawful drinking and
misrepresentation by underage persons Identification cards for persons
twenty-one and older.
(a) It is unlawful for:
(1) A person who has not reached his or her twenty-first
(21st) birthday to enter any premises licensed for the retail sale of alcoholic
beverages for the purpose of purchasing or having served or delivered to him or
her alcoholic beverages; or
(2) A person who has not reached his or her twenty-first
(21st) birthday to consume any alcoholic beverage on premises licensed for the
retail sale of alcoholic beverages or to purchase, attempt to purchase, or have
another purchase for him or her any alcoholic beverage; or
(3) A person to misrepresent or misstate his or her age, or
the age of any other persons, or to misrepresent his or her age through the
presentation of any of the following documents:
(i) An armed service identification card, valid passport, the
identification card license, or any other documentation used for identification
purposes that may belong to any other person who is twenty-one (21) years or
older;
(ii) A motor vehicle operator's license which bears the date
of birth of the licensee, and which is issued by this state or any other state;
(iii) A Rhode Island identification card as defined in
subsection (b) for the purpose of inducing any licensee or any employee of any
licensee, to sell, serve or deliver any alcoholic beverage to a minor.
(b)(1) The administrator of the division of motor vehicles
shall issue to any person who has reached his or her twenty-first (21st)
birthday a Rhode Island identification card upon payment of a fee of
twenty-five dollars ($25), and, upon presentation of a certified birth or
baptismal certificate, or U.S. or foreign passport, or U.S. naturalization
certificate or a valid immigrant or refugee document issued by the United
States immigration and naturalization service, including, but not limited to,
any one of the following: Form I-551, Form I-94, Form I-688A, and Form I-688,
together with a document bearing the applicant's signature.
(2) A person who has reached his or her fifty ninth (59th)
birthday is not required to pay the fee.
(3) Each registration card shall be subject to renewal every
five (5) years upon payment of a fee of twenty-five dollars ($25).
(4) No person who holds an operator's license issued by this
state or any other state shall be issued a Rhode Island identification card.
(5) The identification card shall be signed by the
administrator of the division of motor vehicles and by the applicant and his or
her picture shall appear on the card along with the required information and
the card shall be encased in laminated plastic. The card shall be two inches
(2") in height and four inches (4") in length and shall be printed in the
following form:
RHODE ISLAND IDENTIFICATION CARD
Date Issued No. . . . .
. .
First Name Middle Name Last Name
)
Address
)
BIRTH RECORD
Month Day . . . . .
. . . . . Year . . . . .
. . . .
Secure Color Color Sex Ht. Wt.
Photo of hair of eyes
by Pasting
here . . . . . . .
. . . . . . . . . .
. . . . . . . . . . . .
. . . . .
Issued by
Administrator of the Division of Motor Vehicles
Administrator
(6) The identification cards shall be produced at the adult
correctional institutions if they have facilities to do so; if the adult
correctional institutions have no facilities to do so, then all cards shall
be manufactured by the lowest responsible bidder following advertisement for
the solicitation of bids.
(7) The identification cards shall be clearly distinguishable
from those issued pursuant to § 3-8-6.1 and operators' and chauffeurs'
licenses issued pursuant to title 31.
(8) Any person who has been designated as permanently and
totally disabled by the social security administration or who upon
certification by an optometrist, ophthalmologist or physician that a holder of
a valid and current motor vehicle operator's license is no longer able to
operate a motor vehicle, the administrator of the division of motor vehicles
shall issue to such person, upon request, a Rhode Island identification card
for the unexpired term of such person's motor vehicle operator's license at no
additional cost. Thereafter, a renewal of such card shall be subject to the
standard renewal charge of twenty-five dollars ($25) until such person shall
reach his or her fifty-ninth (59th) birthday.
(9) The administrator of the division of motor vehicles
shall, upon presentation of a United States Department of Defense (DD) FORM 214
or other acceptable documentation of military service and verification of an
honorable discharge, issue an identification card to the presenter which is
clearly marked "veteran", at no additional cost.
(c)(1) Every retail Class A, B, C, and D licensee shall cause
to be kept a book or photographic reproduction equipment which provides the
same information as required by the book. That licensee and/or the licensee's
employee shall require any person who has shown a document as set forth in this
section substantiating his or her age to sign that book or to permit the taking
of his or her photograph and indicate what document was presented. Use of the
photographic reproduction equipment is voluntary for every Class A, B, C and D
licensee.
(2) The sign-in as minor book and photographic reproduction
equipment shall be prescribed, published, and approved at the direction and
control of the division. The book shall contain at least four hundred (400)
pages, shall be uniform throughout the state, and shall be distributed at a
cost not to exceed seven dollars ($7.00).
(3) If a person whose age is in question signs the sign-in as
minor book or has a photograph taken before he or she is sold any alcoholic
beverage and it is later determined that the person had not reached his or her
twenty-first (21st) birthday at the time of sale, it is considered prima facie
evidence that the licensee and/or the licensee's agent or servant acted in good
faith in selling any alcoholic beverage to the person producing the document as
set forth in this section misrepresenting his or her age.
(4) Proof of good faith reliance on any misrepresentation is
a defense to the prosecution of the licensee and/or the licensee's agent or
servant for an alleged violation of this section.
(d)(1) Any person who violates this section shall be punished
for the first offense by a mandatory fine of not less than one hundred dollars
($100) nor more than five hundred dollars ($500) and shall be further punished
by thirty (30) hours of community service and shall be further punished by a
suspension of his or her motor vehicle operator's license or driving privileges
for a period of thirty (30) days; for the second offense by a mandatory fine of
not less than five hundred dollars ($500) nor more than seven hundred fifty
dollars ($750) and shall be further punished by forty (40) hours of community
service and will be further punished by a suspension of his or her motor
vehicle operator's license or driving privileges for a period of three (3)
months; and for the third and subsequent offenses by a mandatory fine for each
offense of not less than seven hundred fifty dollars ($750) nor more than one
thousand dollars ($1,000) and shall be further punished by fifty (50) hours of
community service and will be further punished by a suspension of his or her
motor vehicle operator's license or driving privileges for a period of one year.
(2) Any suspension of an operator's license or driving
privilege pursuant to this section shall not operate to affect the insurance
rating of the offender and any operator's license or driving privilege
suspended pursuant to this section shall be reinstated without further expense
upon application.
(e) Within thirty (30) days after this incident the police
chief of the city or town where the incident took place is directed to inform,
in writing, the department of business regulation whether or not charges in
accordance with this section have been preferred against a person who has not
reached his or her twenty-first (21st) birthday and has violated this section.
If no charge is brought against any person who has not reached his or her
twenty-first (21st) birthday and has violated the provisions of this section,
then the police chief of the city or town where the incident took place will
state the reason for his or her failure to charge the person who has not
reached his or her twenty-first (21st) birthday.
(f) The Rhode Island identification card may be withdrawn at
any time for just cause, at the discretion of the administrator of the division
of motor vehicles. The administrator of the division of motor vehicles shall
keep a record of the cards issued and each card shall contain an identification
number specifically assigned to the person to whom the card was issued.
History of Section.
(G.L. 1938, ch. 165, § 3; P.L. 1949, ch. 2177, § 1; R.P.L. 1957, ch.
144, § 1; P.L. 1958, ch. 66, § 1; P.L. 1966, ch. 124, § 1; P.L.
1969, ch. 225, § 1; P.L. 1973, ch. 218, § 1; P.L. 1976, ch. 239,
§ 2; P.L. 1980, ch. 142, § 2; P.L. 1983, ch. 44, § 1; P.L. 1984,
ch. 191, § 1; P.L. 1985, ch. 67, § 1; P.L. 1985, ch. 68, § 1;
P.L. 1986, ch. 140, § 1; P.L. 1987, ch. 64, § 1; P.L. 1988, ch. 335,
§ 1; P.L. 1988, ch. 498, § 1; P.L. 1988, ch. 590, § 1; P.L.
1989, ch. 134, § 1; P.L. 1990, ch. 65, art. 16, § 1; P.L. 1992, ch.
192, § 1; P.L. 1995, ch. 227, § 1; P.L. 1996, ch. 100, art. 36,
§ 11; P.L. 1998, ch. 343, § 1; P.L. 1998, ch. 395, § 1; P.L.
2003, ch. 387, § 1; P.L. 2003, ch. 391, § 1; P.L. 2004, ch. 307,
§ 1; P.L. 2007, ch. 122, § 1; P.L. 2007, ch. 191, § 1; P.L.
2008, ch. 129, § 1; P.L. 2008, ch. 200, § 1; P.L. 2010, ch. 23, art.
9, § 1; P.L. 2012, ch. 164, § 1; P.L. 2012, ch. 249, §
1.)
