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IC 7.1-5-7-1
False statements of age
Sec. 1. (a) It is a Class C infraction for a minor to make a false
statement of the minor's age or to present or offer false or fraudulent
evidence of majority or identity to a permittee for the purpose of
ordering, purchasing, attempting to purchase, or otherwise procuring
or attempting to procure an alcoholic beverage.
(b) In addition to the penalty under subsection (a), a minor who:
(1) uses a false or altered driver's license or the driver's license
of another person as evidence of majority under this section; or
(2) is convicted of purchasing or procuring an alcoholic
beverage with or without using a false or altered driver's
license;
shall have the minor's driver's license suspended for up to one (1)
year in accordance with IC 9-24-18-8 and IC 9-30-4-9.
(c) Upon entering a judgment for the infraction under this section,
the court shall forward a copy of the judgment to the bureau of motor
vehicles for the purpose of complying with subsection (b).
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by Acts 1982,
P.L.69, SEC.11; P.L.102-1983, SEC.1; P.L.77-1988, SEC.6;
P.L.67-1990, SEC.1; P.L.1-1993, SEC.45.
IC 7.1-5-7-2
Furnishing false evidence of identification
Sec. 2. It is a Class C misdemeanor for a person to sell, give, or
furnish to a minor false or fraudulent evidence of majority or identity
with the intent to violate a provision of this title.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by Acts 1982,
P.L.69, SEC.12; P.L.102-1983, SEC.2.
IC 7.1-5-7-3
Possession of false identity
Sec. 3. It is a Class C infraction for a minor to have in his
possession false or fraudulent evidence of majority or identity with
the intent to violate a provision of this title.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by Acts 1982,
P.L.69, SEC.13; P.L.102-1983, SEC.3.
IC 7.1-5-7-4
Statement of age
Sec. 4. A permittee shall have the right to demand of a customer
a signed written statement, on a form prescribed by the commission,
that the customer is not a minor. It is a Class C infraction for a minor
to misrepresent his age on the statement.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by Acts 1982,
P.L.69, SEC.14; P.L.102-1983, SEC.4.
IC 7.1-5-7-5.1
Defenses of permittee to charge of unlawfully furnishing alcoholic
beverage to minor
Sec. 5.1. (a) A permittee in a criminal prosecution or in a
proceeding before the commission or a local board based upon a
charge of unlawfully furnishing an alcoholic beverage to a minor
may offer either or both of the following proofs as a defense or
defenses to the prosecution or proceeding:
(1) That:
(A) the purchaser:
(i) falsely represented the purchaser's age in a written
statement, such as that prescribed by subsection (b),
supported by two (2) forms of identification showing the
purchaser to be at least twenty-one (21) years of age;
(ii) produced a driver's license bearing the purchaser's
photograph; or
(iii) produced a photographic identification card, issued
under IC 9-24-16-1 or a similar card, issued under the laws
of another state or the federal government, showing that
the purchaser was of legal age to make the purchase;
(B) the appearance of the purchaser was such that an
ordinary prudent person would believe the purchaser to be
of legal age to make the purchase; and
(C) the sale was made in good faith based upon the
reasonable belief that the purchaser was actually of legal age
to make the purchase.
(2) That the permittee or his agent had taken all reasonable
precautions in instructing his employees, in hiring his
employees, and in supervising them as to sale of alcoholic
beverages to minors.
(b) The following written statement is sufficient for the purposes
of subsection (a)(1)(A)(i):
represent and state, for the purpose of inducing
________________________
IC 7.1-5-7-6
Repealed
(Repealed by Acts 1978, P.L.2, SEC.727.)
IC 7.1-5-7-7
Illegal possession
Sec. 7. (a) It is a Class C misdemeanor for a minor to knowingly:
(1) possess an alcoholic beverage;
(2) consume it; or
(3) transport it on a public highway when not accompanied by
at least one (1) of his parents or guardians.
(b) If a minor is found to have violated subsection (a) while
operating a motor vehicle, the court may order the minor's driver's
license suspended for up to one (1) year. However, if the minor is
less than eighteen (18) years of age, the court shall order the minor's
driver's license suspended for at least sixty (60) days.
(c) The court shall deliver any order suspending the minor's
driver's license under this section to the bureau of motor vehicles,
which shall suspend the minor's driver's license under IC 9-24-18-12
for the period ordered by the court.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by Acts 1978,
P.L.2, SEC.710; Acts 1982, P.L.69, SEC.15; P.L.53-1994, SEC.1.
IC 7.1-5-7-8
Sales to minors prohibited
Sec. 8. (a) It is a Class C misdemeanor for a person to recklessly
sell, barter, exchange, provide, or furnish an alcoholic beverage to a
minor.
IC 7.1-5-7-9
Parent taking child into tavern prohibited
Sec. 9. (a) It is a Class C infraction for a parent, guardian, trustee,
or other person having custody of a child under eighteen (18) years
of age to take that child into a tavern, bar, or other public place
where alcoholic beverages are sold, bartered, exchanged, given away,
provided, or furnished.
(b) It is a Class C infraction for a permittee to permit the parent,
guardian, trustee, or other person having custody of the child under
eighteen (18) years of age to be in or around the prohibited place
with the child.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by Acts 1982,
P.L.69, SEC.17; P.L.102-1983, SEC.6.
IC 7.1-5-7-10
Minors in taverns prohibited
Sec. 10. (a) It is a Class C misdemeanor for a minor to recklessly
be in a tavern, bar, or other public place where alcoholic beverages
are sold, bartered, exchanged, given away, provided, or furnished. In
addition to other penalties under this subsection, the minor's driver's
license shall be suspended for up to one (1) year in accordance with
IC 9-24-18-8 and IC 9-30-4-9.
(b) It is a Class C misdemeanor for a permittee to recklessly
permit a minor to be in the prohibited place beyond a reasonable time
in which an ordinary prudent person can check identification to
confirm the age of a patron.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by Acts 1982,
P.L.69, SEC.18; P.L.102-1983, SEC.7; P.L.79-1986, SEC.4;
P.L.77-1988, SEC.7; P.L.1-1993, SEC.46.
IC 7.1-5-7-11
Exception for certain public places
Sec. 11. (a) The provisions of sections 9 and 10 of this chapter
shall not apply if the public place involved is one (1) of the
following:
(1) Civic center.
(2) Convention center.
(3) Sports arena.
(4) Bowling center.
IC 7.1-5-7-12
Employment of minors prohibited
Sec. 12. Except as provided in section 13 of this chapter, it is a
Class B misdemeanor for a person to employ a minor in or about a
place where alcoholic beverages are sold, furnished, or given away
for consumption either on or off the licensed premises, in a capacity
which requires or allows the minor to sell, furnish, or otherwise deal
in alcoholic beverages.
IC 7.1-5-7-13
Employment of minors; exceptions
Sec. 13. Section 12 of this chapter does not prohibit the following:
(1) The employment of a person at least eighteen (18) years of
age but less than twenty-one (21) years of age on or about
licensed premises where alcoholic beverages are sold,
furnished, or given away for consumption either on or off the
licensed premises, for a purpose other than:
(A) selling;
(B) furnishing, other than serving;
(C) consuming; or
(D) otherwise dealing in;
alcoholic beverages.
(2) A person at least eighteen (18) years of age but less than
twenty-one (21) years of age from ringing up a sale of alcoholic
beverages in the course of the person's employment.
(3) A person at least nineteen (19) years of age but less than
twenty-one (21) years of age who:
(A) has successfully completed an alcohol server training
program certified under IC 7.1-3-1.5; and
(B) serves alcoholic beverages in a dining area or family
room of a restaurant or hotel:
(i) in the course of a person's employment as a waiter,
waitress, or server; and
(ii) under the supervision of a person who is at least
twenty-one (21) years of age, is present at the restaurant or
hotel, and has successfully completed an alcohol server
training program certified under IC 7.1-3-1.5 by the
commission.
This subdivision does not allow a person at least nineteen (19)
years of age but less than twenty-one (21) years of age to be a
bartender.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.204-2001,
SEC.53; P.L.161-2005, SEC.3.
IC 7.1-5-7-14
Notice from parents
Sec. 14. Notice From Parents. It is a Class B misdemeanor for a
permittee to permit a minor to be in or around the licensed premises
after receiving written notice from the parent, guardian, or other
person having custody of the minor that the person is in fact a minor
and directing that he be excluded from the licensed premises.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by Acts 1982,
P.L.69, SEC.20.
IC 7.1-5-7-15
Aiding unlawful possession
Sec. 15. A person twenty-one (21) years of age or older who
knowingly or intentionally encourages, aids, or induces a minor to
unlawfully possess an alcoholic beverage commits a Class C
infraction.
As added by P.L.102-1983, SEC.8.