3 Va. Admin. Code § 5-50-20 - Determination of legal age of purchaser

A. In determining whether a licensee or the licensee's employee or agent has reason to believe that a purchaser is not of legal age, the Virginia Alcoholic Beverage Control Authority 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 in subsection B of this section, and that evidence contained a photograph and physical description consistent with the appearance of the purchaser.

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 and the subject's date of birth.

C. It shall be incumbent upon the licensee or the licensee's employee or agent to scrutinize carefully the identification, if presented, and determine it to be authentic and in proper order. Identification that has been altered so as to be apparent to observation or has expired shall be deemed not in proper order.

Notes

3 Va. Admin. Code § 5-50-20

Derived from VR125-01-5 §2, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 7, Issue 4, eff. December 19, 1990; Volume 8, Issue 6, eff. January 15, 1992; Volume 9, Issue 6, eff. January 13, 1993; Volume 10, Issue 11, eff. March 23, 1994; Amended, Virginia Register Volume 30, Issue 9, eff. January 29, 2014; Amended, Virginia Register Volume 41, Issue 11, eff. 2/12/2025.

Statutory Authority: §§ 4.1-103 and 4.1-111 of the Code of Virginia.