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What must an alcohol server do to have a defense against a charge of selling to a minor?

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Final answer:

An alcohol server must perform due diligence such as checking valid ID to ensure the buyer is above the legal drinking age of twenty-one, as mandated by the National Minimum Drinking Age Act of 1984, to defend against charges of selling alcohol to a minor.

Step-by-step explanation:

Defense Against Selling Alcohol to a Minor

An alcohol server can establish a defense against a charge of selling to a minor by proving they took all due diligence to verify the age of the purchaser. This often includes checking government-issued photo identification to confirm that the individual is of legal drinking age. In the context of the National Minimum Drinking Age Act of 1984, which required states to raise their minimum drinking age to twenty-one, adherence to these laws is crucial for alcohol servers. Despite differences in state regulations, the consistent rule is that servers must ensure they are not selling alcohol to those underage to maintain a legal defense against such charges.

Since the 1984 act, efforts by organizations like MADD have emphasized the importance of responsible drinking and the enforcement of the legal drinking age. However, there is some debate about whether strict enforcement in the US, as compared to more liberal policies in countries like those in Europe, best promotes responsible alcohol consumption. Regardless, alcohol servers must follow state laws and properly verify age to defend against charges of unlawfully selling alcohol to minors.

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