Sec. 4.5. (a) As used in this section, "ID card" means any of the following:
(1) A driver's license.
(2) A photographic identification card issued under IC 9-24-16-1 or a similar card issued under the laws of another state or the federal government.
(3) A government issued document bearing an individual's photograph.
(b) As used in this section, "permittee" means a person who holds a valid permit under this title, including an employee of a permittee.
(c) A permittee may retain an ID card that was provided to the permittee by a person as proof of age for making a purchase of an alcoholic beverage, if the permittee has:
(1) received alcohol server training under IC 7.1-3-1.5; and
(2) a reasonable belief that the ID card:
(A) has been altered or falsified; or
(B) was not issued to the person who provided the ID card to the permittee.
(d) If the permittee retains an ID card, the permittee shall do the following:
(1) Issue a receipt to the person who provided the ID card. The receipt must state the date and the hour that the permittee retained the ID card.
(2) Not later than twenty-four (24) hours after the ID card is retained, provide:
(A) the ID card; and
(B) a written statement of the facts and circumstances surrounding the permittee's retention of the ID card;
to a state or local law enforcement agency that has jurisdiction where the permit premises is located.
(e) If the law enforcement agency does not:
(1) initiate an investigation; or
(2) find that probable cause exists;
as to any violation of section 1, 3, or 4 of this chapter, the law enforcement agency shall release the ID card to the person who was issued the ID card.
(f) A permittee is not subject to criminal liability or civil liability for retention of an ID card in accordance with this section.
(g) A permittee is not immune from civil or criminal liability for using force against a person in order to obtain an ID card.
As added by P.L.214-2016, SEC.32.
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