(1) The following are guidelines for the use
of minors in intoxicating liquor investigations by a state, county, municipal,
or other local law enforcement authority:
(A)
The minor be eighteen (18) or nineteen (19) years of age;
(B) The minor have a youthful appearance and
the minor, if a male, not have facial hair or a receding hairline; if a female,
not wear excessive makeup or excessive jewelry. The minor, male or female, not
wear headgear that will obstruct a clear view of the face or
hairline;
(C) The minor carry his
or her own identification showing the minor's correct date of birth and, upon
request, produce such identification to the seller of the intoxicating liquor
at the licensed establishment; and the state, county, municipal, or other local
law enforcement agency shall search the minor prior to the operation to ensure
that the minor is not in possession of any other valid or fictitious
identification;
(D) The minor shall
answer truthfully any questions about his or her age and not remain silent when
asked questions regarding his or her age, nor misrepresent anything in order to
induce a sale of intoxicating liquor;
(E) The state, county, municipal, or other
local law enforcement agency are to make a copy of the minor's valid
identification showing the minor's correct date of birth;
(F) Any attempt by such minor to purchase
intoxicating liquor products be videotaped or audio-taped with equipment
sufficient to record all statements made by the minor and the seller of the
intoxicating liquor product;
(G)
The minor is not employed by the state, county, municipal, or other local law
enforcement agency on an incentive or quota basis;
(H) If a violation occurs, the state, county,
municipal, or other local law enforcement agency makes reasonable efforts to
confront the seller in a timely manner, and within forty-eight (48) hours,
contact or take all reasonable steps to contact the owner or manager of the
establishment;
(I) The state,
county, municipal, or other local law enforcement agency maintains records of
each visit to an establishment where a minor is used by the state, county,
municipal, or other local law enforcement agency for a period of at least one
(1) year following the incident, regardless of whether a violation occurs at
each visit, and such records shall, at a minimum, include the following
information:
1. A photograph of the minor
taken immediately prior to the operation;
2. A copy of the minor's valid
identification, showing the minor's correct date of birth;
3. An Information and Consent document,
completed by the minor in advance of the operation.
Click to view
image
4. The name
of each establishment visited by the minor, and the date and time of each
visit; and
5. The audiotape or
videotape specified in subsection (1)(F) above; and
6. A written Minor Report.
Click to view
image
(J) The state, county, municipal, or other
local law enforcement agency provides currency to the minor, to be used in the
operation. If a violation occurs, said agency should further secure and
inventory any intoxicating liquor products purchased; and
(K) The state, county, municipal, or other
local law enforcement agency, in advance of the operation, train the minor who
will be used in the operation. Training, at a minimum, includes:
1. Instruction to enter the designated
establishment and to proceed immediately to attempt to purchase intoxicating
liquor products;
2. Instruction to
provide the minor's valid identification upon a request for identification by
the seller;
3. Instruction to
answer truthfully all questions about age;
4. Instruction not to lie to the seller to
induce a sale of intoxicating liquor products;
5. Instruction on the use of currency;
and
6. Instruction on the other
matters set out in this regulation.
