Sec. 5.1. (a) A permittee in a criminal prosecution or in a proceeding before the commission or a local board based upon a charge of unlawfully furnishing an alcoholic beverage to a minor may offer either or both of the following proofs as a defense or defenses to the prosecution or proceeding:

(1) That:

(A) the purchaser:

(i) falsely represented the purchaser’s age in a written statement, such as that prescribed by subsection (b), supported by two (2) forms of identification showing the purchaser to be at least twenty-one (21) years of age;

(ii) produced a driver’s license bearing the purchaser’s photograph;

(iii) produced 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, showing that the purchaser was of legal age to make the purchase; or

(iv) produced a government issued document bearing the purchaser’s photograph and showing the purchaser to be at least twenty-one (21) years of age;

(B) the appearance of the purchaser was such that an ordinary prudent person would believe the purchaser to be of legal age to make the purchase; and

(C) the sale was made in good faith based upon the reasonable belief that the purchaser was actually of legal age to make the purchase.

(2) That the permittee or the permittee’s agent had taken all reasonable precautions in instructing the permittee’s employees, in hiring the permittee’s employees, and in supervising them as to sale of alcoholic beverages to minors.

     (b) The following written statement is sufficient for the purposes of subsection (a)(1)(A)(i):

     I understand that misrepresentation of age to induce the sale, service, or delivery of alcoholic beverages to me is cause for my arrest and prosecution, which can result in punishment as follows:

(1) Possible payment of a fine of up to $500.

(2) Possible imprisonment for up to 60 days.

(3) Possible loss or deferment of driver’s license privileges for up to one year.

(4) Possible requirement to participate in an alcohol education or treatment program.

As added by P.L.100-1983, SEC.5. Amended by P.L.79-1986, SEC.2; P.L.2-1991, SEC.56; P.L.10-2010, SEC.9.