§ 10-78. Verification of age.

(a)

It shall be unlawful for any person, licensee, agent, officer, or employee of a licensee to fail to properly check the identification of any patron when selling or otherwise providing any alcoholic beverages, which failure results in a person under the age of 21 years being sold, served, or placed in possession of, by said person, licensee, agent, officer, or employees of a licensee, any alcoholic beverage while on the licensed premises.

(b)

For the purposes of this section, the term "identification" shall mean any document issued by a governmental agency containing a description of the person so identified, such person's photograph, and such person's date of birth. As used herein, the term "identification" shall include a passport, a military identification card, a driver's license, or a state department of public safety identification card. "Identification" shall not include a birth certificate nor any traffic citation or complaint.

(c)

Any person violating the provisions of this section shall be punished as for a misdemeanor.

(d)

Notwithstanding any criminal prosecution which may result from a violation of this section, and regardless of whether or not there has been a criminal conviction for a violation of this section, any licensee or any officer, agent, or employee of the licensee that fails to comply with the provisions of this article, which failure results in a person under the age of 21 years, being sold, or served, or to have in his/her possession any alcoholic beverage, while on the licensee's premises, shall be subject to the penalties provided at section 10-43 of this chapter.

(Ord. No. 0-41-02, §§ 1, 2, 9-19-02)

State law reference

Similar provisions, O.C.G.A. § 3-3-23.