|Petition Title||Petition to Amend 3VAC5-50-20 of the Regulations of the Virginia ABC Authority|
|Date Filed||8/21/2019 [Transmittal Sheet]|
|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.
In accordance with Va. Code §2.2-4007.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.
|Comment Period||Ended 10/8/2019 2 comments|
|Agency Decision||Initiate a regulatory change [Transmittal Sheet]|
|Agency Decision Summary||
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.
|Estimated date for filing a NOIRA||12/1/2019|
|Name / Title:||LaTonya D. Hucks-Watkins / Legal Liaison|
2901 Hermitage Rd.
|Telephone:||(804)213-4698 FAX: (804)213-4574 TDD: ()-|