11/1/2019 2:36 pm Date / Time filed with the Register of Regulations | VA.R. Document Number: R____-______ |
Virginia Register Publication Information
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Transmittal Sheet: Response to Petition for Rulemaking
Initial Agency Notice
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Agency Decision
Promulgating Board: | Virginia Alcoholic Beverage Control Board of Directors |
Regulatory Coordinator: | LaTonya D. Hucks-Watkins (804)213-4698 latonya.hucks-watkins@abc.virginia.gov |
Agency Contact: | LaTonya D. Hucks-Watkins Legal Liaison (804)213-4698 latonya.hucks-watkins@abc.virginia.gov |
Contact Address: | Virginia Alcoholic Beverage Control Authority 2901 Hermitage Rd. Richmond, VA 23220 |
Chapter Affected: | |
3 vac 5 - 50: | Retail Operations |
Statutory Authority: |
State: Title 4.1, Code of Virginia Federal: |
Date Petition Received | 08/21/2019 |
Petitioner | Tom Stein, Deputy General Counsel for CLEAR |
CLEAR asks the Authority to consider amending 3 VAC 5-50-20 (proposed amendment below)
of the Regulations of the Authority to recognize that licensed retailers of alcoholic
beverages may utilize biometric identification, and specifically the patented processes
of CLEAR, to make a determination of the legal age of a purchaser of alcoholic beverages.
In addition to being far more reliable than human checking of identification, use
of biometric verification processes is consistent with both the plain language and
the spirit of the Virginia Alcoholic Beverage Control Act (the \\\\"Act") in ensuring
that individuals under the legal age do not purchase alcohol.
3VAC5-50-20. Determination of Legal Age of Purchaser.
A. In determining whether a licensee, or his employee or agent, has reason to believe
that a purchaser is not of legal age, the board will consider, but is not limited
to, the following factors:
1. Whether an ordinary and prudent person would have reason to doubt that the purchaser
is of legal age based on the general appearance, facial characteristics, behavior
and manner of the purchaser; and
2. Whether the seller demanded, was shown and acted in good faith in reliance upon
bona fide evidence of legal age, as defined herein, and that evidence contained a
photograph and physical description consistent with the appearance of the purchaser;
and
3. Whether the seller verified the age of the purchaser through the use of a biometric
identity verification device approved by the Authority where the biometric is referenced
against a record described in paragraph B.
B. Such bona fide evidence of legal age shall include a valid motor vehicle driver\\\\'s
license issued by any state of the United States or the District of Columbia, armed
forces identification card, United States passport or foreign government visa, valid
special identification card issued by the Virginia Department of Motor Vehicles, or
any valid identification issued by any other federal or state government agency, excluding
student university and college identification cards, provided such identification
shall contain a photograph and signature of the subject, with the subject\\\\'s height
and date of birth.
C. It shall be incumbent upon the licensee, or his employee or agent, to scrutinize
carefully the identification, if presented, and determine it to be authentic and in
proper order. Identification which has been altered so as to be apparent to observation
or has expired shall be deemed not in proper order.
Agency Plan
In accordance with Va. Code ยง2.2-4007.B, the petition has been filed with the Register
of Regulations. The petition will be published in the 36:2 Volume of The Register
on September 16, 2019 Public comment will be requested until October 8, 2019. Comment
on the petition may be sent by email, regular mail, or posted on the Virginia Regulatory
Townhall at www.townhall.virginia.gov. Following receipt of all comments on the petition
to amend the regulation, the Alcoholic Beverage Control Board will decide whether
to make any changes to the regulatory language. This matter will be considered by
the Board when they next convene following the end of the comment period (October
15, 2019). The Board will issue a written decision on the petition within 90 days
of the close of the comment period.
Publication Date | 09/16/2019 (comment period will also begin on this date) |
Comment End Date | 10/08/2019 |
Initiate a regulatory change
Agency Response Date | 11/01/2019 |
The Virginia Alcoholic Beverage Control Authority Board held a public comment period
concerning the petition requesting an amendment to 3 VAC 5-50-20 of the Regulations
of the Authority to recognize that licensed retailers of alcoholic beverages may utilize
biometric identification, and specifically the patented processes of CLEAR, to make
a determination of the legal age of a purchaser of alcoholic beverages. The Board
met on October 15, 2019 to review the petition and the comments that were received.
The Board decided to grant the request. The Board agreed with the statements made
by the petitioner that the software is more reliable than human checking of identification,
and consistent with the plain language and the spirit of the Virginia Alcoholic Beverage
Control Act in ensuring that individuals under the legal age do not purchase alcohol.
The amendment to the regulation was supported by two organizations dedicated to public
safety and preventing underage consumption of alcohol.