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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

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