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Session Laws

1986

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CHAPTER 629 AN ACT RELATIVE TO THE USE OF LIQUOR PURCHASE IDENTIFICATION CARDS.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 8 of chapter 90 of the General Laws, as appearing in the 1984 Official Edition, is hereby amended by inserting after the fourth paragraph the following paragraph:-

The photographs of licensees appearing on all operator's licenses shall be a straightforward looking view of the licensee with a distinctive license for persons under the age at which they can purchase alcoholic beverages as defined by section thirty-four of chapter one hundred and thirty-eight.

SECTION 2. Section 22 of said chapter 90, as so appearing, is hereby amended by adding the following paragraph:-

(e) If the registrar shall receive official notice that any person under twenty-one years of age has violated the provisions of section thirty-four B of chapter one hundred and thirty-eight, the registrar shall suspend without a hearing any certificate of registration or any license to operate a motor vehicle issued to such person under this chapter for a period of six months.

SECTION 3. Section 34B of chapter 138 of the General Laws, as so appearing, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

Any licensee, or agent or employee thereof, under this chapter who reasonably relies on such a liquor purchase identification card or motor vehicle license issued pursuant to section eight of chapter ninety, for proof of a person's identity and age shall not suffer any modification, suspension, revocation or cancellation of such license, nor shall he suffer any criminal liability, for delivering or selling alcohol or alcoholic beverages to a person under twenty-one years of age. Any licensee, or agent or employee thereof, under this chapter, who reasonably relies on such a liquor purchase identification card or motor vehicle license issued pursuant to said section eight, for proof of a person's identity and age shall be presumed to have exercised due care in making such delivery or sale of alcohol or alcoholic beverages to a person under twenty-one years of age. Such presumption shall be rebuttable; provided, however, that nothing contained herein shall affect the applicability of section sixty-nine.

Approved December 23, 1986.