Amendment #152 to H4461

Out of State License to be valid proof of age to purchase alcohol

Mr. McMurtry of Dedham moves to amend the bill by adding the following new section:

Section X.  Section 34B of Chapter 138 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after the second paragraph the following paragraph:

 Notwithstanding any general or special law to the contrary, the commission shall permit a licensee or agent or employee thereof to rely upon a valid license to operate a motor vehicle issued by another state for proof of a person’s identity and age.  Any licensee, or agent or employee, thereof, under this chapter who relies on such out of state license shall not suffer any modification, suspension, revocation or cancellation of a license nor shall he or she suffer any criminal liability for delivering or selling alcohol or alcoholic beverages to a person under 21 years of age. Any licensee, or agent or employee thereof, under this chapter who relies upon such a valid license 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 21 years of age. Such presumption shall be rebuttable; provided, however, that nothing contained herein shall affect the applicability of section 69.