Utah Code 32B-1-405. Additional requirements when age is in question

(1)

Terms Used In Utah Code 32B-1-405

Authorized person: means a person authorized by law to sell or otherwise handle an alcoholic product. See Utah Code 32B-1-402
Commissioner: means a member of the commission. See Utah Code 32B-1-102
Department: means the Department of Alcoholic Beverage Services created in Section 32B-2-203. See Utah Code 32B-1-102
Licensee: means a person who holds a license. See Utah Code 32B-1-102
Person: means :Utah Code 68-3-12.5
Proof of age: means :

(i)	an identification card;

(ii)

an identification that:

(A)	is substantially similar to an identification card;

(B)	is issued in accordance with the laws of a state other than Utah in which the identification is issued;

(C)	includes date of birth; and

(D)	has a picture affixed;

(iii)

a valid driver license certificate that:

(A)	includes date of birth;

(B)	has a picture affixed; and

(C)

is issued:

(I)	under Title 53, Chapter 3, Uniform Driver License Act;

(II)	in accordance with the laws of the state in which it is issued; or

(III)

in accordance with federal law by the United States Department of State;

(iv)

a military identification card that:

(A)	includes date of birth; and

(B)	has a picture affixed; or

(v)

a valid passport. See Utah Code 32B-1-102

State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5

Statement of age: means a statement signed under Section 32B-1-405 verifying the age of the person signing the statement. See Utah Code 32B-1-402

(a)

In addition to requesting the presentation of proof of age under Section 32B-1-404, an authorized person shall require an individual whose age is in question to sign a statement of age on the form provided under Subsection (1)(b) that includes:

(i)	the date the statement of age is signed; and

(ii)	the number assigned to the individual’s proof of age by the issuing authority.

(b)	At the request of a retail licensee, the commissioner of public safety shall provide to a retail licensee the form for the statement of age described in this Subsection (1).

(2)

(a)

An authorized person shall:

(i)	file in alphabetical order a statement of age obtained under Subsection (1) by no later than the close of business on the day on which the statement of age is executed; and

(ii)	maintain a statement of age on file for three years.

(b)

A statement of age is subject to examination by:

(i)	a peace officer;

(ii)	a representative of the State Bureau of Investigation of the Department of Public Safety, established in Section 53-10-301; or

(iii)

an authorized department employee.

Enacted by Chapter 276, 2010 General Session

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