New ID Law – IC 7.1-5-10-23 states that employees who are selling alcoholic beverages for off premise consumption must require all individuals making a carry out purchase to show a photo I.D. To view the statute in its entirety, click here. In some rare instances, an individual may not have a photo I.D. If the individual wishes to make a purchase for off premise consumption, he/she may complete the following Statement of Age Form and provide it to the permittee, along with two forms of identification showing the purchaser to be at least twenty-one years of age.
Here is the new language
IC 7.1-5-10-23 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]:
Sec. 23. (a) It is a Class B
misdemeanor for a permittee or an employee or agent of a
permittee to recklessly, knowingly, or intentionally sell, barter,
exchange, provide, or furnish another person an alcoholic beverage
for consumption off the licensed premises without first requiring
the person to produce:
(1) a driver's license;
(2) an identification card issued under IC 9-24-16-1 or a
similar card issued under the laws of another state or the
federal government; or
(3) a government issued document;
bearing the person's photograph and birth date showing that the
person is at least twenty-one (21) years of age.
(b) In a criminal or administrative proceeding, it is a defense to
a charge under this section that the individual to whom the
permittee or employee or agent of the permittee sold, bartered,
exchanged, provided, or furnished alcoholic beverages for
consumption off the licensed premises was or reasonably appeared
to be more than fifty (50) years of age.
Note section (b) - it appears one has a defense if the person 'looks' over 50 years old.