Merely asking for and receiving identification is insufficient to establish good faith. There were several things that were inherently suspicious about the identification cards, in particular Mr. Milici s card and to a lesser degree Ms. Camillo s card. It can be argued that some of these things may not have been readily known to a layperson. Mr. Stover s card has some alterations, however, they are detectable only with close scrutiny. However, it is the Licensee s responsibility to take effective steps to prevent service to minors, particularly when Licensee elects not to use the declaration of age card file or to photocopy the licenses, which are the statutory defenses available under Section 495 of the Liquor Code.
Prevention takes more than a cursory glance at an identification card in a dimly lit room.
In accessing a penalty, the Court considered that the minors did take extraordinary measures, albeit sloppy ones, to present false identification to the Licensee and the Licensee did require identification. Further, Licensee operates a reputable establishment and has no prior record. Therefore, the minimum monetary penalty shall be imposed. The fine must be paid by Treasurer s Check, Cashier s Check, Certified Check or Money Order. Personal Checks, which includes business-use personal checks, are not acceptable.