2013 Indiana Code TITLE 7.1. ALCOHOL AND TOBACCO ARTICLE 5. CRIMES AND INFRACTIONS CHAPTER 7. MINORS
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IC 7.1-5-7
Chapter 7. Minors
IC 7.1-5-7-0.1
Repealed
(Repealed by P.L.63-2012, SEC.9.)
IC 7.1-5-7-0.3
Commission adoption of certain rules
Sec. 0.3. Notwithstanding the amendments made to section 13 of
this chapter by P.L.204-2001, not later than July 1, 2002, the
commission shall adopt the rules required by section 13(b)(1), as
amended by P.L.204-2001.
As added by P.L.220-2011, SEC.178.
IC 7.1-5-7-1
False statements of age
Sec. 1. (a) It is a Class C misdemeanor for a minor to knowingly
or intentionally 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, permit, or driving privileges
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 of conviction for the misdemeanor
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; P.L.94-2008, SEC.49;
P.L.125-2012, SEC.1.
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
Repealed
(Repealed by P.L.100-1983, SEC.8.)
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;
(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; or
(iv) produced a government issued document bearing the
purchaser's photograph and showing the purchaser to be at
least twenty-one (21) years of age;
(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 the permittee's agent had taken all
reasonable precautions in instructing the permittee's employees,
in hiring the permittee's 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):
REPRESENTATION AND STATEMENT
OF AGE
FOR PURCHASE OF ALCOHOLIC
BEVERAGES
I understand that misrepresentation of age to induce the sale,
service, or delivery of alcoholic beverages to me is cause for my
arrest and prosecution, which can result in punishment as follows:
(1) Possible payment of a fine of up to $500.
(2) Possible imprisonment for up to 60 days.
(3) Possible loss or deferment of driver's license privileges for
up to one year.
(4) Possible requirement to participate in an alcohol education
or treatment program.
Knowing the possible penalties for misstatement, I hereby
represent and state, for the purpose of inducing
_________________________
(Name of licensee)
to sell, serve, or deliver alcoholic beverages to me, that I was born:
________, _______, ______ and am ____ years of age.
(Month) (Day) (Year)
Date __________
Signed _______________________
Address ______________________
____________________________
Other Identification
Signature of person
Presented:
who witnessed completion
Nonphoto driver's
of this statement
license: (number & state)
by patron:
________________________ ____________________________
Social Security Number
____________________________
Other _______________________
____________________________
____________________________
As added by P.L.100-1983, SEC.5. Amended by P.L.79-1986, SEC.2;
P.L.2-1991, SEC.56; P.L.10-2010, SEC.9.
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) Subject to IC 7.1-5-1-6.5, it is a Class C misdemeanor
for a minor to knowingly:
(1) possess an alcoholic beverage;
(2) consume an alcoholic beverage; or
(3) transport an alcoholic beverage on a public highway when
not accompanied by at least one (1) of the minor's parents or
guardians.
(b) If a minor is found to have violated subsection (a) while
operating a vehicle, the court may order the minor's driving
privileges 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
driving privileges suspended for at least sixty (60) days.
(c) The court shall deliver any order suspending a minor's driving
privileges under this section to the bureau of motor vehicles, which
shall suspend the minor's driving privileges 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;
P.L.93-2012, SEC.5; P.L.125-2012, SEC.2.
IC 7.1-5-7-8 Version a
Sales to minors prohibited
Note: This version of section effective until 7-1-2014. See also
following version of this section, effective 7-1-2014.
Sec. 8. (a) It is a Class B misdemeanor for a person to recklessly,
knowingly, or intentionally sell, barter, exchange, provide, or furnish
an alcoholic beverage to a minor.
(b) However, the offense described in subsection (a) is:
(1) a Class A misdemeanor if the person has a prior unrelated
conviction under this section; and
(2) a Class D felony if the consumption, ingestion, or use of the
alcoholic beverage is the proximate cause of the serious bodily
injury or death of any person.
(c) This section shall not be construed to impose civil liability
upon any postsecondary educational institution, including public and
private universities and colleges, business schools, vocational
schools, and schools for continuing education, or its agents for injury
to any person or property sustained in consequence of a violation of
this section unless such institution or its agent sells, barters,
exchanges, provides, or furnishes an alcoholic beverage to a minor.
(Formerly: Acts 1973, P.L.55, SEC.1; Acts 1975, P.L.74, SEC.1.) As
amended by Acts 1982, P.L.69, SEC.16; P.L.102-1983, SEC.5;
P.L.100-1983, SEC.6; P.L.79-1986, SEC.3; P.L.2-2007, SEC.132;
P.L.94-2008, SEC.50.
IC 7.1-5-7-8 Version b
Sales to minors prohibited
Note: This version of section effective 7-1-2014. See also
preceding version of this section, effective until 7-1-2014.
Sec. 8. (a) It is a Class B misdemeanor for a person to recklessly,
knowingly, or intentionally sell, barter, exchange, provide, or furnish
an alcoholic beverage to a minor.
(b) However, the offense described in subsection (a) is:
(1) a Class A misdemeanor if the person has a prior unrelated
conviction under this section; and
(2) a Level 6 felony if the consumption, ingestion, or use of the
alcoholic beverage is the proximate cause of the serious bodily
injury or death of any person.
(c) This section shall not be construed to impose civil liability
upon any postsecondary educational institution, including public and
private universities and colleges, business schools, vocational
schools, and schools for continuing education, or its agents for injury
to any person or property sustained in consequence of a violation of
this section unless such institution or its agent sells, barters,
exchanges, provides, or furnishes an alcoholic beverage to a minor.
(Formerly: Acts 1973, P.L.55, SEC.1; Acts 1975, P.L.74, SEC.1.) As
amended by Acts 1982, P.L.69, SEC.16; P.L.102-1983, SEC.5;
P.L.100-1983, SEC.6; P.L.79-1986, SEC.3; P.L.2-2007, SEC.132;
P.L.94-2008, SEC.50; P.L.158-2013, SEC.127.
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, permit, or driving privileges 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; P.L.125-2012, SEC.3.
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.
(5) Bona fide club.
(6) Drug store.
(7) Grocery store.
(8) Boat.
(9) Dining car.
(10) Pullman car.
(11) Club car.
(12) Passenger airplane.
(13) Horse racetrack facility holding a recognized meeting
permit under IC 4-31-5.
(14) Satellite facility (as defined in IC 4-31-2-20.5).
(15) Catering hall under IC 7.1-3-20-24 that is not open to the
public.
(16) That part of a hotel or restaurant which is separate from a
room in which is located a bar over which alcoholic beverages
are sold or dispensed by the drink.
(17) Entertainment complex.
(18) Indoor golf facility.
(19) A recreational facility such as a golf course, bowling
center, or similar facility that has the recreational activity and
not the sale of food and beverages as the principal purpose or
function of the person's business.
(20) A licensed premises owned or operated by a postsecondary
educational institution described in IC 21-17-6-1.
(21) An automobile racetrack.
(22) An indoor theater under IC 7.1-3-20-26.
(b) For the purpose of this subsection, "food" means meals
prepared on the licensed premises. It is lawful for a minor to be on
licensed premises in a room in which is located a bar over which
alcoholic beverages are sold or dispensed by the drink if all the
following conditions are met:
(1) The minor is eighteen (18) years of age or older.
(2) The minor is in the company of a parent, guardian, or family
member who is twenty-one (21) years of age or older.
(3) The purpose for being on the licensed premises is the
consumption of food and not the consumption of alcoholic
beverages.
(Formerly: Acts 1973, P.L.55, SEC.1; Acts 1975, P.L.74, SEC.2.) As
amended by P.L.100-1983, SEC.7; P.L.15-1994, SEC.10;
P.L.105-1995, SEC.6; P.L.71-1996, SEC.5; P.L.72-1996, SEC.22;
P.L.117-2000, SEC.1; P.L.72-2004, SEC.16; P.L.224-2005, SEC.33;
P.L.2-2007, SEC.133; P.L.10-2010, SEC.10.
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.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by Acts 1982,
P.L.69, SEC.19; P.L.204-2001, SEC.52.
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 nineteen (19) 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 who is at least nineteen (19) years of age but less
than twenty-one (21) years of age and who has successfully
completed an alcohol server training program certified under
IC 7.1-3-1.5 from serving alcoholic beverages in a dining area
or family room of a restaurant or hotel:
(A) in the course of a person's employment as a waiter,
waitress, or server; and
(B) under the supervision of a person who:
(i) is at least twenty-one (21) years of age;
(ii) is present at the restaurant or hotel; and
(iii) 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; P.L.3-2008, SEC.70; P.L.94-2008,
SEC.51.
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.
IC 7.1-5-7-16
Inspections
Sec. 16. The commission shall conduct random unannounced
inspections at locations where alcoholic beverages are sold or
distributed to ensure compliance with this title. Only the commission
may conduct the random unannounced inspections. The commission
may use retired or off duty law enforcement officers to conduct
inspections under this section.
As added by P.L.94-2008, SEC.52. Amended by P.L.216-2011,
SEC.2.
IC 7.1-5-7-17
Enforcement actions
Sec. 17. (a) Notwithstanding any other law, an enforcement
officer vested with full police powers and duties may engage a
person who is:
(1) at least eighteen (18) years of age; and
(2) less than twenty-one (21) years of age;
to receive or purchase alcoholic beverages as part of an enforcement
action under this article.
(b) The initial or contemporaneous receipt or purchase of an
alcoholic beverage under this section by a person described in
subsection (a) must:
(1) occur under the direction of an enforcement officer vested
with full police powers and duties; and
(2) be a part of the enforcement action.
As added by P.L.94-2008, SEC.53.
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