A licensee shall refuse to sell, serve, or deliver an alcoholic beverage to any person who, upon request of the licensee, fails to produce a valid identification document. A licensee or his agent or employee shall take steps reasonably necessary to ascertain whether any person to whom the licensee sells, delivers, or serves an alcoholic beverage is of legal drinking age. Any person who supplies a valid identification document showing his or her age to be the legal drinking age shall be deemed to be of legal drinking age. Upon finding that a licensee has violated subsection (a) or (b) of this section in the preceding 4 years, the penalties shall be the following: Upon the first violation, the Board shall fine the licensee not less than $1,000, and not more than $2,000, and suspend the licensee for 5 consecutive days. The 5-day suspension may be stayed by the Board for one year if all employees who serve alcoholic beverages in the licensed establishment complete an alcohol training program within 3 months. Upon the second violation, the Board shall fine the licensee not less than $2,000, and not more than $4,000, and suspend the licensee for 10 consecutive days. The Board may stay up to 6 days of the 10-day suspension for one year if all employees who serve alcoholic beverages in the licensed establishment complete an alcohol training program within 3 months. Upon the third violation, the Board shall fine the licensee not less than $4,000, and not more than $10,000, and suspend the licensee for 15 consecutive days, or revoke the license. The Board may stay up to 5 days of the 15-day suspension for one year if all employees who serve alcoholic beverages in the licensed establishment complete an alcohol training program within 3 months. Upon the fourth or subsequent violation, the Board may revoke the license. Repealed. The provisions of this section notwithstanding, no licensee shall discriminate on any basis prohibited by Unit A of Chapter 14 of Title 2 . An affirmative defense to a violation of subsection (a) of this section shall be that the person was at the time of the violation 21 years of age or older.
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