What forms of identification are acceptable to prove that someone is twenty one years of age or older, so that person may be served, delivered, or allowed to possess or purchase alcoholic beverages?
If a licensee is charged with permitting the service, delivery, or possession of alcoholic beverages by a person under twenty one years of age, under current state law, a licensee has a defense only if the licensee can affirmatively prove that prior to permitting the service, delivery or possession of alcoholic beverages by a person, the licensee requested, was shown, examined and reasonably relied on either:
1. A Massachusetts Driver’s License;
2. A Massachusetts Liquor Identification Card;
3. A Massachusetts Identification Card;
4. A Passport Issued by the United States or a government that is officially recognized by the United States;
5. A Passport Card for a Passport issued by the United States; and
6. A Military Identification Card.
Reliance by a licensee on any other form of identification to determine proof of age does not give the licensee a defense. As of December 1, 2012, neither the state Liquor Control Act nor the regulations of the ABCC require identification to be checked as a condition to selling or delivering an alcoholic beverage to any person (except in the case of certain deliveries to consumers at their homes or offices). The Commission authorizes Nashoba to decide for itself what policy to establish on checking identification prior accepting orders for, selling and delivering alcoholic beverages and we have decided to adopt a conservative policy, as we may legally do under the Liquor Control Act and the ABCC regulations, and require proof of age from any person who appears to be younger than thirty years of age and accept as proof of age only the six pieces of identification that give a licensee a defense to any criminal conviction, civil liability and/or administrative prosecution.