§ 3-8-6. Unlawful drinking and misrepresentation by underage persons — Identification cards
for persons twenty-one and older.
(a) It is unlawful for:
(1) A person who has not reached his or her twenty-first (21st) birthday to enter any
premises licensed for the retail sale of alcoholic beverages for the purpose of purchasing
or having served or delivered to him or her alcoholic beverages; or
(2) A person who has not reached his or her twenty-first (21st) birthday to consume any
alcoholic beverage on premises licensed for the retail sale of alcoholic beverages
or to purchase, attempt to purchase, or have another purchase for him or her any alcoholic
beverage; or
(3) A person to misrepresent or misstate his or her age, or the age of any other persons,
or to misrepresent his or her age through the presentation of any of the following
documents:
(i) An armed service identification card, valid passport, the identification card license,
or any other documentation used for identification purposes that may belong to any
other person who is twenty-one (21) years or older;
(ii) A motor vehicle operator's license or a driver privilege card issued pursuant to § 31-10.4-2 that bears the date of birth of the licensee and that is issued by this state or
any other state;
(iii) A Rhode Island identification card, as defined in subsection (b), for the purpose
of inducing any licensee, or any employee of any licensee, to sell, serve, or deliver
any alcoholic beverage to a minor.
(b)(1) The administrator of the division of motor vehicles shall issue to any person who
has reached his or her twenty-first (21st) birthday a Rhode Island identification
card upon payment of a fee of twenty-five dollars ($25), and, upon presentation of
a certified birth or baptismal certificate, or U.S. or foreign passport, or U.S. naturalization
certificate or a valid immigrant or refugee document issued by the United States Citizenship
and Immigration Services, including, but not limited to, any one of the following:
Form I-551, Form I-94, Form I-688A, Form I-688, and a form evidencing that the applicant
is a current or past recipient of a grant of deferred action under the Deferred Action
for Childhood Arrivals program, together with a document bearing the applicant's signature.
(2) A person who has reached his or her fifty-ninth (59th) birthday is not required to
pay the fee.
(3) Each registration card shall be subject to renewal every five (5) years upon payment
of a fee of twenty-five dollars ($25).
(4) No person who holds an operator's license or a driver privilege card issued by this
state or any other state shall be issued a Rhode Island identification card.
(5) The identification card shall be signed by the administrator of the division of motor
vehicles and by the applicant and his or her picture shall appear on the card along
with the required information and the card shall be encased in laminated plastic.
The card shall be two inches (2″) in height and four inches (4″) in length and shall
be printed in the following form:
RHODE ISLAND IDENTIFICATION CARD
Date Issued ......................................... No. ....
First Name Middle Name Last Name
.........................................
Address
.........................................
BIRTH RECORD
Month ......................................... Day ............... Year ...............
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Color of |
Color of |
Sex |
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Wt. |
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hair |
eyes |
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Issued by |
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Administrator of the Division of Motor Vehicles |
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Administrator |
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(6) The identification cards shall be produced at the adult correctional institutions
if they have facilities to do so; if the adult correctional institutions have no facilities
to do so, then all cards shall be manufactured by the lowest responsible bidder following
advertisement for the solicitation of bids.
(7) The identification cards shall be clearly distinguishable from those issued pursuant
to § 3-8-6.1 and operators' and chauffeurs' licenses issued pursuant to title 31.
(8) Any person who has been designated as permanently and totally disabled by the social
security administration or who upon certification by an optometrist, ophthalmologist,
or physician that a holder of a valid and current motor vehicle operator's license
is no longer able to operate a motor vehicle, the administrator of the division of
motor vehicles shall issue to such person, upon request, a Rhode Island identification
card for the unexpired term of the person's motor vehicle operator's license at no
additional cost. Thereafter, a renewal of such card shall be subject to the standard
renewal charge of twenty-five dollars ($25) until the person shall reach his or her
fifty-ninth (59th) birthday.
(9) The administrator of the division of motor vehicles shall, upon presentation of a
United States Department of Defense (DD) FORM 214 or other acceptable documentation
of military service and verification of an honorable discharge, issue an identification
card to the presenter that is clearly marked "veteran,� at no additional cost.
(c)(1) Every retail Class A, B, C, and D licensee shall cause to be kept a book or photographic
reproduction equipment that provides the same information as required by the book.
That licensee or the licensee's employee shall require any person who has shown a
document as set forth in this section substantiating his or her age to sign that book
or to permit the taking of his or her photograph and indicate what document was presented.
Use of the photographic reproduction equipment is voluntary for every Class A, B,
C, and D licensee.
(2) The sign-in-as-minor book and photographic reproduction equipment shall be prescribed,
published, and approved at the direction and control of the division. The book shall
contain at least four hundred (400) pages; shall be uniform throughout the state;
and shall be distributed at a cost not to exceed seven dollars ($7.00).
(3) If a person whose age is in question signs the sign-in-as-minor book or has a photograph
taken before he or she is sold any alcoholic beverage and it is later determined that
the person had not reached his or her twenty-first (21st) birthday at the time of
sale, it is considered prima facie evidence that the licensee and/or the licensee's
agent or servant acted in good faith in selling any alcoholic beverage to the person
producing the document as set forth in this section misrepresenting his or her age.
(4) Proof of good-faith reliance on any misrepresentation is a defense to the prosecution
of the licensee and/or the licensee's agent or servant for an alleged violation of
this section.
(d)(1) Any person who violates this section shall be punished for the first offense by a
mandatory fine of not less than one hundred dollars ($100) nor more than five hundred
dollars ($500) and shall be further punished by thirty (30) hours of community service
and shall be further punished by a suspension of his or her motor vehicle operator's
license or driving privileges for a period of thirty (30) days; for the second offense
by a mandatory fine of not less than five hundred dollars ($500) nor more than seven
hundred fifty dollars ($750) and shall be further punished by forty (40) hours of
community service and will be further punished by a suspension of his or her motor
vehicle operator's license or driving privileges for a period of three (3) months;
and for the third and subsequent offenses by a mandatory fine for each offense of
not less than seven hundred fifty dollars ($750) nor more than one thousand dollars
($1,000) and shall be further punished by fifty (50) hours of community service and
will be further punished by a suspension of his or her motor vehicle operator's license
or driving privileges for a period of one year.
(2) Any suspension of an operator's license or driving privilege pursuant to this section
shall not operate to affect the insurance rating of the offender and any operator's
license or driving privilege suspended pursuant to this section shall be reinstated
without further expense upon application.
(e) Within thirty (30) days after this incident the police chief of the city or town where
the incident took place is directed to inform, in writing, the department of business
regulation whether or not charges in accordance with this section have been preferred
against a person who has not reached his or her twenty-first (21st) birthday and has
violated this section. If no charge is brought against any person who has not reached
his or her twenty-first (21st) birthday and has violated the provisions of this section,
then the police chief of the city or town where the incident took place will state
the reason for his or her failure to charge the person who has not reached his or
her twenty-first (21st) birthday.
(f) The Rhode Island identification card may be withdrawn at any time for just cause,
at the discretion of the administrator of the division of motor vehicles. The administrator
of the division of motor vehicles shall keep a record of the cards issued and each
card shall contain an identification number specifically assigned to the person to
whom the card was issued.
(g) Issuance of a Rhode Island identification card under this section to a current or
past recipient of a grant of deferred action under the Deferred Action for Childhood
Arrivals (DACA) program shall not confer the right to vote in the state of Rhode Island.