CHAPTER 7. MINORS
IC 7.1-5-7
Chapter 7. Minors
IC 7.1-5-7-1
False statements of age
Sec. 1. (a) It is a Class C misdemeanor for a minor to knowinglyor intentionally make a false statement of the minor's age or topresent or offer false or fraudulent evidence of majority or identityto a permittee for the purpose of ordering, purchasing, attempting topurchase, or otherwise procuring or attempting to procure analcoholic 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 licenseof another person as evidence of majority under this section; or
(2) is convicted of purchasing or procuring an alcoholicbeverage with or without using a false or altered driver'slicense;
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 of conviction for the misdemeanorunder this section, the court shall forward a copy of the judgment tothe bureau of motor vehicles for the purpose of complying withsubsection (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.
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, orfurnish to a minor false or fraudulent evidence of majority or identitywith 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 hispossession false or fraudulent evidence of majority or identity withthe 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 customera 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 minorto 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Repealed
(Repealed by P.L.100-1983, SEC.8.)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 alcoholicbeverage to minor
Sec. 5.1. (a) A permittee in a criminal prosecution or in aproceeding before the commission or a local board based upon acharge of unlawfully furnishing an alcoholic beverage to a minormay offer either or both of the following proofs as a defense ordefenses to the prosecution or proceeding:
(1) That:
(A) the purchaser:
(i) falsely represented the purchaser's age in a writtenstatement, such as that prescribed by subsection (b),supported by two (2) forms of identification showing thepurchaser to be at least twenty-one (21) years of age;
(ii) produced a driver's license bearing the purchaser'sphotograph;
(iii) produced a photographic identification card, issuedunder IC 9-24-16-1 or a similar card, issued under the lawsof another state or the federal government, showing thatthe purchaser was of legal age to make the purchase; or
(iv) produced a government issued document bearing thepurchaser's photograph and showing the purchaser to be atleast twenty-one (21) years of age;
(B) the appearance of the purchaser was such that anordinary prudent person would believe the purchaser to beof legal age to make the purchase; and
(C) the sale was made in good faith based upon thereasonable belief that the purchaser was actually of legal ageto make the purchase.
(2) That the permittee or the permittee's agent had taken allreasonable precautions in instructing the permittee's employees,in hiring the permittee's employees, and in supervising them asto sale of alcoholic beverages to minors.
(b) The following written statement is sufficient for the purposesof 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 myarrest 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 forup to one year.
(4) Possible requirement to participate in an alcohol educationor treatment program.
Knowing the possible penalties for misstatement, I herebyrepresent 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) 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 byat least one (1) of his parents or guardians.
(b) If a minor is found to have violated subsection (a) whileoperating a motor vehicle, the court may order the minor's driver'slicense suspended for up to one (1) year. However, if the minor isless than eighteen (18) years of age, the court shall order the minor'sdriver's license suspended for at least sixty (60) days.
(c) The court shall deliver any order suspending the minor'sdriver's license under this section to the bureau of motor vehicles,which shall suspend the minor's driver's license under IC 9-24-18-12for 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 B misdemeanor for a person to recklessly,knowingly, or intentionally sell, barter, exchange, provide, or furnishan 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 unrelatedconviction under this section; and
(2) a Class D felony if the consumption, ingestion, or use of thealcoholic beverage is the proximate cause of the serious bodilyinjury or death of any person.
(c) This section shall not be construed to impose civil liabilityupon any postsecondary educational institution, including public andprivate universities and colleges, business schools, vocationalschools, and schools for continuing education, or its agents for injuryto any person or property sustained in consequence of a violation ofthis 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.) Asamended 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 7.1-5-7-9
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) yearsof age to take that child into a tavern, bar, or other public placewhere 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 undereighteen (18) years of age to be in or around the prohibited placewith 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 recklesslybe in a tavern, bar, or other public place where alcoholic beveragesare sold, bartered, exchanged, given away, provided, or furnished. Inaddition to other penalties under this subsection, the minor's driver'slicense shall be suspended for up to one (1) year in accordance withIC 9-24-18-8 and IC 9-30-4-9.
(b) It is a Class C misdemeanor for a permittee to recklesslypermit a minor to be in the prohibited place beyond a reasonable timein which an ordinary prudent person can check identification toconfirm 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 chaptershall not apply if the public place involved is one (1) of thefollowing:
(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 meetingpermit 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 thepublic.
(16) That part of a hotel or restaurant which is separate from aroom in which is located a bar over which alcoholic beveragesare sold or dispensed by the drink.
(17) Entertainment complex.
(18) Indoor golf facility.
(19) A recreational facility such as a golf course, bowlingcenter, or similar facility that has the recreational activity andnot the sale of food and beverages as the principal purpose orfunction of the person's business.
(20) A licensed premises owned or operated by a postsecondaryeducational 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 mealsprepared on the licensed premises. It is lawful for a minor to be onlicensed premises in a room in which is located a bar over whichalcoholic beverages are sold or dispensed by the drink if all thefollowing 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 familymember who is twenty-one (21) years of age or older.
(3) The purpose for being on the licensed premises is theconsumption of food and not the consumption of alcoholicbeverages.
(Formerly: Acts 1973, P.L.55, SEC.1; Acts 1975, P.L.74, SEC.2.) Asamended 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 aClass B misdemeanor for a person to employ a minor in or about aplace where alcoholic beverages are sold, furnished, or given awayfor consumption either on or off the licensed premises, in a capacitywhich requires or allows the minor to sell, furnish, or otherwise dealin 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 ofage but less than twenty-one (21) years of age on or aboutlicensed premises where alcoholic beverages are sold,furnished, or given away for consumption either on or off thelicensed 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 thantwenty-one (21) years of age from ringing up a sale of alcoholicbeverages in the course of the person's employment.
(3) A person who is at least nineteen (19) years of age but lessthan twenty-one (21) years of age and who has successfullycompleted an alcohol server training program certified underIC 7.1-3-1.5 from serving alcoholic beverages in a dining areaor 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 trainingprogram 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 abartender.
(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 apermittee to permit a minor to be in or around the licensed premisesafter receiving written notice from the parent, guardian, or otherperson having custody of the minor that the person is in fact a minorand 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 whoknowingly or intentionally encourages, aids, or induces a minor tounlawfully possess an alcoholic beverage commits a Class Cinfraction.
As added by P.L.102-1983, SEC.8.
IC 7.1-5-7-16
Inspections
Sec. 16. The commission shall conduct random unannouncedinspections at locations where alcoholic beverages are sold ordistributed to ensure compliance with this title. Only the commission,an Indiana law enforcement agency, the office of the sheriff of acounty, or an organized police department of a municipal corporationmay conduct the random unannounced inspections. These entitiesmay use retired or off duty law enforcement officers to conductinspections under this section.
As added by P.L.94-2008, SEC.52.
IC 7.1-5-7-17
Enforcement actions
Sec. 17. (a) Notwithstanding any other law, an enforcementofficer vested with full police powers and duties may engage aperson 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 enforcementaction under this article.
(b) The initial or contemporaneous receipt or purchase of analcoholic beverage under this section by a person described insubsection (a) must:
(1) occur under the direction of an enforcement officer vestedwith full police powers and duties; and
(2) be a part of the enforcement action.
As added by P.L.94-2008, SEC.53.