State Codes and Statutes

Statutes > Utah > Title-32a > Chapter-01 > 32a-1-304-5-repealed-07-01-11

32A-1-304.5 (Repealed 07/01/11). Verification of proof of age by certain clublicensees.
(1) For purposes of this section, "applicable club licensee" means the following asdefined in Section 32A-5-101:
(a) a dining club licensee; or
(b) a social club licensee.
(2) Notwithstanding any other provision of this part, an applicable club licensee shallrequire that a person authorized to sell or otherwise handle an alcoholic beverage or alcoholicproduct under the applicable club license verify proof of age as provided in this section.
(3) A person described in Subsection (2) is required to verify proof of age under thissection before an individual who appears to be 35 years of age or younger:
(a) gains admittance to the premises of a social club licensee; or
(b) procures an alcoholic beverage or alcoholic product on the premises of a dining clublicensee.
(4) To comply with Subsection (3), a person shall:
(a) request the individual present proof of age; and
(b) (i) verify the validity of the proof of age electronically under the verification programcreated 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 rulemade in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(5) The commission shall establish by rule made in accordance with Title 63G, Chapter3, Utah Administrative Rulemaking Act, an electronic verification program that includes thefollowing:
(a) the specifications for the technology used by the applicable club licensee toelectronically verify proof of age, including that the technology display to the person described inSubsection (2) no more than the following for the individual who presents the proof of age:
(i) the name;
(ii) the age;
(iii) the number assigned to the individual's proof of age by the issuing authority;
(iv) the birth date;
(v) the gender; and
(vi) the status and expiration date of the individual's proof of age; and
(b) the security measures that must be used by an applicable club licensee to ensure thatinformation obtained under this section is:
(i) used by the applicable club licensee only for purposes of verifying proof of age inaccordance with this section; and
(ii) retained by the applicable club licensee for seven days after the day on which theapplicable club licensee obtains the information.
(6) (a) An applicable club licensee may not disclose information obtained under thissection except as provided under this title.
(b) Information obtained under this section is considered a record for any purpose underSection 32A-5-107.

Repealed by Chapter 276, 2010 General Session
Enacted by Chapter 383, 2009 General Session