What does Affirmative Defense mean?
A. Affirmative Defense: It is a defense that all of the following occurred: (a) a cardholder presented a driver’s license or an identity card; (b) a transaction scan indicated that the license or card was valid; and (c) the alcohol/tobacco was sold, given away or otherwise distributed to the cardholder in reasonable reliance upon the identification presented and the completed transaction scan. A seller or seller’s employee must still exercise reasonable diligence: the use of a transaction scan device does not excuse a seller or seller’s employee from exercising such reasonable diligence to determine whether the purchaser is eighteen years of age or older and whether the description and picture appearing on the driver’s license or identity card presented by a cardholder is that of the cardholder.
