(1) As used in this section, "applicable licensee" means: (a) a bar; (b) a tavern; (c) a full-service restaurant; (d) a limited-service restaurant; (e) a beer-only restaurant; or (f) an off-premise beer retailer selling, offering for sale, or furnishing beer as described in Subsection 32B-7-202(8). (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) (a) An authorized person is required to verify proof of age under this section before an individual who appears to be 35 years old or younger procures an alcoholic product on the premises of a full-service restaurant licensee, a limited-service restaurant licensee, or a beer-only restaurant licensee. (b) An authorized person is required to verify proof of age under this section before an individual: (i) gains admittance to the premises of a bar licensee or tavern; or (ii) purchases beer from an off-premise beer retailer as described in Subsection 32B-7-202(8). (c) When verifying proof of age under this Subsection (3), an authorized person shall verify that: (i) the individual's age on the proof of age is at least 21 years old; (ii) the picture on the proof of age matches the individual; and (iii) if the proof of age is a driver license issued by this state, that the individual is not an interdicted person. (4) To comply with Subsection (3), an authorized person shall: (a) request that 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) (a) The commission shall establish by rule an electronic verification program that includes the following: (i) 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: (A) the name; (B) the age; (C) the number assigned to the individual's proof of age by the issuing authority; (D) the birth date; (E) the gender; and (F) the status and expiration date of the individual's proof of age; and (ii) the security measures that shall be used by an applicable licensee to ensure that information obtained under this section is: (A) used by the applicable licensee only for purposes of verifying proof of age in accordance with this section; and (B) retained by the applicable licensee for seven days after the day on which the applicable licensee obtains the information. (b) The commission shall ensure that the electronic verification program described in Subsection (5)(a) includes technology that can determine the validity of a state issued identification card from the barcode located on the back of the state issued identification card by: (i) comparing the card's barcode to the other legitimate barcodes; or (ii) identifying patterns within legitimate state issued identification cards. (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 Chapter 5, Part 3, Retail Licensee Operational Requirements. (7) (a) If, after an authorized person requests that an individual present proof of age in accordance with Subsection (4), the authorized person determines that the proof of age the individual presents is fake or the electronic verification program described in Subsection (5) determines that the proof of age is fake, the authorized person may, subject to Subsection (7)(b): (i) if the proof of age is a physical proof of age, temporarily confiscate the proof of age; and (ii) call law enforcement and request that law enforcement verify the validity of the proof of age. (b) When an authorized person calls law enforcement in accordance with this Subsection (7): (i) if law enforcement is unavailable to verify the validity of the proof of age within 30 minutes, the authorized person shall immediately return the proof of age to the individual; or (ii) if law enforcement is available to verify the validity of the proof of age within 30 minutes, the authorized person may maintain control over the proof of age until law enforcement arrives to verify the proof of age.
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