32A-1-304.5. Verification of proof of age by certain club licensees.
(1) For purposes of this section, "applicable club licensee" means the following as
defined 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 shall
require that a person authorized to sell or otherwise handle an alcoholic beverage or alcoholic
product 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 this
section 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 club
licensee.
(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 program
created 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 rule
made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(5) The commission shall establish by rule made in accordance with Title 63G, Chapter
3, Utah Administrative Rulemaking Act, an electronic verification program that includes the
following:
(a) the specifications for the technology used by the applicable club licensee to
electronically verify proof of age, including that the technology display to the person described in
Subsection (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 that
information obtained under this section is:
(i) used by the applicable club licensee only for purposes of verifying proof of age in
accordance with this section; and
(ii) retained by the applicable club licensee for seven days after the day on which the
applicable club licensee obtains the information.
(6) (a) An applicable club licensee may not disclose information obtained under this
section except as provided under this title.
(b) Information obtained under this section is considered a record for any purpose under
Section 32A-5-107.
Enacted by Chapter 383, 2009 General Session
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Last revised: Thursday, May 28, 2009