§ 3-8-6 - Unlawful drinking and misrepresentation by underage persons – Identification cards for persons twenty-one and older.
SECTION 3-8-6
§ 3-8-6 Unlawful drinking andmisrepresentation by underage persons – Identification cards for personstwenty-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 alcoholicbeverages for the purpose of purchasing or having served or delivered to him orher 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 theretail sale of alcoholic beverages or to purchase, attempt to purchase, or haveanother purchase for him or her any alcoholic beverage; or
(3) A person to misrepresent or misstate his or her age, orthe age of any other persons, or to misrepresent his or her age through thepresentation of any of the following documents:
(i) An armed service identification card, valid passport, theidentification card license, or any other documentation used for identificationpurposes that may belong to any other person who is twenty-one (21) years orolder;
(ii) A motor vehicle operator's license which bears the dateof birth of the licensee, and which is issued by this state or any other state;
(iii) A Rhode Island identification card as defined insubsection (b) for the purpose of inducing any licensee or any employee of anylicensee, to sell, serve or deliver any alcoholic beverage to a minor.
(b) The administrator of the division of motor vehicles shallissue to any person who has reached his or her twenty-first (21st) birthday aRhode Island identification card upon payment of a fee of fifteen dollars($15.00), and, upon presentation of a certified birth or baptismal certificate,or U.S. or foreign passport, or U.S. naturalization certificate or a validimmigrant or refugee document issued by the United States immigration andnaturalization service, including, but not limited to, any one of thefollowing: Form I-551, Form I-94, Form I-688A, and Form I-688, together with adocument 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 everyfive (5) years upon payment of a fee of fifteen dollars ($15.00).
(4) No person who holds an operator's license issued by thisstate or any other state shall be issued a Rhode Island identification card.
(5) The identification card shall be signed by theadministrator of the division of motor vehicles and by the applicant and his orher picture shall appear on the card along with the required information andthe 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 thefollowing 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 adultcorrectional institutions if they have facilities to do so; if the adultcorrectional institutions have no facilities to do so, then all cards shallbe manufactured by the lowest responsible bidder following advertisement forthe solicitation of bids.
(7) The identification cards shall be clearly distinguishablefrom 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 andtotally disabled by the social security administration or who uponcertification by an optometrist, ophthalmologist or physician that a holder ofa valid and current motor vehicle operator's license is no longer able tooperate a motor vehicle, the administrator of the division of motor vehiclesshall issue to such person, upon request, a Rhode Island identification cardfor the unexpired term of such person's motor vehicle operator's license at noadditional cost. Thereafter, a renewal of such card shall be subject to thestandard renewal charge of fifteen dollars ($15.00) until such person shallreach his or her fifty-ninth (59th) birthday.
(c) Every retail Class A, B, C, and D licensee shall cause tobe kept a book or photographic reproduction equipment which provides the sameinformation as required by the book. That licensee and/or the licensee'semployee shall require any person who has shown a document as set forth in thissection substantiating his or her age to sign that book or to permit the takingof his or her photograph and indicate what document was presented. Use of thephotographic reproduction equipment is voluntary for every Class A, B, C and Dlicensee.
(2) The sign-in as minor book and photographic reproductionequipment shall be prescribed, published, and approved at the direction andcontrol of the division. The book shall contain at least four hundred (400)pages, shall be uniform throughout the state, and shall be distributed at acost not to exceed seven dollars ($7.00).
(3) If a person whose age is in question signs the sign-in asminor book or has a photograph taken before he or she is sold any alcoholicbeverage and it is later determined that the person had not reached his or hertwenty-first (21st) birthday at the time of sale, it is considered prima facieevidence that the licensee and/or the licensee's agent or servant acted in goodfaith in selling any alcoholic beverage to the person producing the document asset forth in this section misrepresenting his or her age.
(4) Proof of good faith reliance on any misrepresentation isa defense to the prosecution of the licensee and/or the licensee's agent orservant for an alleged violation of this section.
(d) Any person who violates this section shall be punishedfor 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 punishedby thirty (30) hours of community service and shall be further punished by asuspension of his or her motor vehicle operator's license or driving privilegesfor a period of thirty (30) days; for the second offense by a mandatory fine ofnot less than five hundred dollars ($500) nor more than seven hundred fiftydollars ($750) and shall be further punished by forty (40) hours of communityservice and will be further punished by a suspension of his or her motorvehicle 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 eachoffense of not less than seven hundred fifty dollars ($750) nor more than onethousand dollars ($1,000) and shall be further punished by fifty (50) hours ofcommunity service and will be further punished by a suspension of his or hermotor vehicle operator's license or driving privileges for a period of one year.
(2) Any suspension of an operator's license or drivingprivilege pursuant to this section shall not operate to affect the insurancerating of the offender and any operator's license or driving privilegesuspended pursuant to this section shall be reinstated without further expenseupon application.
(e) Within thirty (30) days after this incident the policechief 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 inaccordance with this section have been preferred against a person who has notreached 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 hertwenty-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 willstate the reason for his or her failure to charge the person who has notreached his or her twenty-first (21st) birthday.
(f) The Rhode Island identification card may be withdrawn atany time for just cause, at the discretion of the administrator of the divisionof motor vehicles. The administrator of the division of motor vehicles shallkeep a record of the cards issued and each card shall contain an identificationnumber specifically assigned to the person to whom the card was issued.