ANDREW - Origlio Beverage
ANDREW - Origlio Beverage
ANDREW - Origlio Beverage
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RetailEDGE<br />
Fake IDs and the “Good Faith” Defense<br />
Fake IDs are big business. And some are so sophisticated that they can pass through scanners without being detected. Last<br />
year, this prompted a group of United States Senators to send a letter to the Chinese Ambassador asking their government<br />
to take action against the most notorious offender, ID Chief, and other online companies that produce fake IDs. ID Chief is<br />
now out of business.<br />
“For $200 a minor could purchase a<br />
“good fake”, as the kids refer to<br />
them, and purchase alcohol,” said<br />
Walt Lafty. Lafty, of the PLCB, has<br />
been hands-on with the agency’s<br />
RAMP program since its inception.<br />
He and his staff routinely field<br />
questions from bars, restaurants and<br />
off-site catering companies about their<br />
exposure, should they find themselves<br />
in court for a liquor liability civil suit.<br />
His advice is to follow the letter of the<br />
law, accept only the four IDs legally<br />
acceptable in Pennsylvania* and<br />
adhere to the F.E.A.R. method when<br />
examining any form of identification.<br />
F.E.A.R. stands for Feel, Examine, Ask<br />
questions (what’s your zip code for<br />
example) and Return.<br />
Fran O’Brien, Esq., former chief<br />
counsel to the PLCB and an expert on<br />
Pennsylvania liquor law, concurs with<br />
Lafty. “You should assume that every<br />
customer walking through your<br />
door is a State Police decoy.<br />
There is no doubt that there are some<br />
very good counterfeit IDs out there,<br />
but if you and your staff make every<br />
reasonable attempt to validate an ID,<br />
most judges would be inclined to<br />
give you the benefit of the<br />
doubt in the case<br />
of a lawsuit or<br />
a citation for<br />
serving minors.<br />
Some retailers who<br />
are suspicious that an ID is a<br />
good fake have made photo copies<br />
of them to have on file in case there<br />
are questions down the line. This is<br />
what is known as the good faith<br />
defense. It takes a bit of time and<br />
people don’t always bother to do it,<br />
but it is the best form of protection<br />
out there.”<br />
O’Brien and Lafty encourage you to<br />
take all the necessary precautions as<br />
evidence of your good faith effort to<br />
sell alcohol only to individuals who<br />
are 21 or older.<br />
Good Faith Legal Forms of Defense<br />
Polaroid photographs<br />
Photocopies<br />
Videotapes<br />
ID swipe machines<br />
A completed declaration of age card (PLCB-931)<br />
*The IDs legally accepted in Pennsylvania are: valid photo driver’s license, state ID card, valid photo armed forces ID,<br />
valid photo passport or travel Visa<br />
24<br />
HeadyTimes v.73 www.origlio.com