32B-1-407.  Verification of proof of age by applicable licensees.

(1)  As used in this section, “applicable licensee” means:

Terms Used In Utah Code 32B-1-407

  • Authorized person: means a person authorized by law to sell or otherwise handle an alcoholic product. See Utah Code 32B-1-402
  • Commission: means the Alcoholic Beverage Services Commission created in Section 32B-2-201. 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
  • Premises: means a building, enclosure, or room used in connection with the storage, sale, furnishing, consumption, manufacture, or distribution, of an alcoholic product, unless otherwise defined in this title or rules made by the commission. See Utah Code 32B-1-102
  • Process: means a writ or summons issued in the course of a judicial proceeding. See 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
  • Record: includes :
    (i) a book;
    (ii) a book of account;
    (iii) a paper;
    (iv) a contract;
    (v) an agreement;
    (vi) a document; or
    (vii) a recording in any medium. See Utah Code 32B-1-102
  • Restaurant: means a business location:
    (a) at which a variety of foods are prepared;
    (b) at which complete meals are served; and
    (c) that is engaged primarily in serving meals. See Utah Code 32B-1-102
  • Tavern: means an on-premise beer retailer who is:
    (a) issued a license by the commission in accordance with Chapter 5, Retail License Act, and 7; and
    (b) designated by the commission as a tavern in accordance with 7. See Utah Code 32B-1-102
    (a)  a dining club;

    (b)  a bar;

    (c)  a tavern;

    (d)  a full-service restaurant;

    (e)  a limited-service restaurant; or

    (f)  a beer-only restaurant.
  • (2)  Notwithstanding any other provision of this part, an applicable licensee shall require that an authorized person for the applicable licensee verify proof of age as provided in this section.

    (3)  An authorized person is required to verify proof of age under this section before an individual who appears to be 35 years of age or younger:

    (a)  gains admittance to the premises of a bar licensee or tavern;

    (b)  procures an alcoholic product on the premises of a dining club licensee; or

    (c)  procures an alcoholic product in a dispensing area in the premises of a full-service restaurant licensee, a limited-service restaurant licensee, or a beer-only restaurant licensee.

    (4)  To comply with Subsection (3), 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 program created in Subsection (5); or

    (ii)  if the proof of age cannot be electronically verified as provided in Subsection (4)(b)(i), request that the individual comply with a process established by the commission by rule.

    (5)  The commission shall establish by rule an electronic verification program that includes the following:

    (a)  the specifications for the technology used by the applicable licensee to electronically verify proof of age, including that the technology display to the person described in Subsection (2) 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 shall be used by an applicable licensee to ensure that information obtained under this section is:

    (i)  used by the applicable licensee only for purposes of verifying proof of age in accordance with this section; and

    (ii)  retained by the applicable licensee for seven days after the day on which the applicable licensee obtains the information.

    (6) 

    (a)  An applicable licensee may not disclose information obtained under this section except as provided under this title.

    (b)  Information obtained under this section is considered a record for any purpose under 3.

    Amended by Chapter 249, 2018 General Session