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The 189th General Court of the Commonwealth of Massachusetts

Section 34B: Liquor purchase identification cards

[ First paragraph effective until July 1, 2016. For text effective July 1, 2016, see below.]

  Section 34B. Any person who shall have attained age twenty-one and does not hold a valid operator's license issued by the registry of motor vehicles, pursuant to section eight of chapter ninety, may apply for a liquor purchase identification card. Such cards shall be valid for five years and shall be issued by the registry of motor vehicles pursuant to regulations prescribed by the registrar with the advice of the commission and shall bear the name, signature, date of birth, address and photograph of such person. The registry of motor vehicles shall require payment of a twenty-five dollar fee for any card issued pursuant to this section.

[ First paragraph as amended by 2016, 133, Sec. 96 effective July 1, 2016. See 2016, 133, Sec. 203. For text effective until July 1, 2016, see above.]

  Any person who shall have attained age twenty-one and does not hold a valid operator's license issued by the registry of motor vehicles, pursuant to section eight of chapter ninety, may apply for a liquor purchase identification card. Such cards shall be valid for five years and shall be issued by the registry of motor vehicles pursuant to regulations prescribed by the registrar with the advice of the commission and shall bear the name, signature, date of birth, address and photograph of such person. The registry of motor vehicles shall require payment of a twenty-five dollar fee for any card issued pursuant to this section. A liquor purchase identification card issued by the registrar shall be labeled as "Not for Federal Identification.

  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, or on an identification card issued under section 8E of chapter 90, or on a valid passport issued by the United States government, or by the government, recognized by the United States government, of a foreign country, or a valid United States issued military identification card, 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 an identification card issued under section 8E of chapter 90, 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.

  Any person in a licensed premises shall, upon request of an agent of the commission or the local licensing authorities, state his name, age, and address. Whoever, upon such request, refuses to state his name, age or address, or states a false name, age, or address, including a name or address which is not his name or address in ordinary use, shall be guilty of a misdemeanor and shall be punished by a fine of not more than five hundred dollars.

  Any person who transfers, alters or defaces any such card or license, or who makes, uses, carries, sells or distributes a false identification card or license, or uses the identification card or motor vehicle license of another, or furnishes false information in obtaining such card or license, shall be guilty of a misdemeanor and shall be punished by a fine of not more than two hundred dollars or by imprisonment for not more than three months.

  Any person who is discovered by a police officer or special police officer in the act of violating the provisions of this section may be arrested without a warrant by such police officer or special police officer and held in custody, in jail or otherwise, until a complaint is made against him for such offense, which complaint shall be made as soon as practicable and in any case within twenty-four hours, Sundays and legal holidays excepted.