32B-1-407 (Effective 07/01/11) - Verification of proof of age by applicable licensees.
32B-1-407 (Effective 07/01/11). Verification of proof of age by applicable licensees.
(1) Notwithstanding any other provision of this part, an applicable licensee shall requirethat an authorized person under the applicable licensee verify proof of age as provided in thissection.
(2) An authorized person is required to verify proof of age under this section before anindividual who appears to be 35 years of age or younger:
(a) gains admittance to the premises of a social club licensee; or
(b) procures an alcoholic product on the premises of a dining club licensee.
(3) To comply with Subsection (2), an authorized person shall:
(a) request the individual present proof of age; and
(b) (i) verify the validity of the proof of age electronically under the verification programcreated in Subsection (4); or
(ii) if the proof of age cannot be electronically verified as provided in Subsection(3)(b)(i), request that the individual comply with a process established by the commission byrule.
(4) The commission shall establish by rule an electronic verification program thatincludes the following:
(a) the specifications for the technology used by the applicable licensee to electronicallyverify proof of age, including that the technology display to the person described in Subsection(1) no more than the following for the individual who presents the proof of age:
(i) the name;
(ii) the age;
(iii) the number assigned to the individual's proof of age by the issuing authority;
(iv) the birth date;
(v) the gender; and
(vi) the status and expiration date of the individual's proof of age; and
(b) the security measures that must be used by an applicable licensee to ensure thatinformation obtained under this section is:
(i) used by the applicable licensee only for purposes of verifying proof of age inaccordance with this section; and
(ii) retained by the applicable licensee for seven days after the day on which theapplicable licensee obtains the information.
(5) (a) An applicable licensee may not disclose information obtained under this sectionexcept as provided under this title.
(b) Information obtained under this section is considered a record for any purpose underChapter 5, Part 3, Retail Licensee Operational Requirements.
Enacted by Chapter 276, 2010 General Session