IC 7.1-5-7-4.5: Permittee retention of ID cards

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.