Legislation
Welcome to the legal library. This section contains links
to legislation related to affirmative defense legislation and use of
ID scanner / age verifiers. Additional articles on the subject can
be found here.
Please check with your local alcoholic control beverage agency for
the latest in your jurisdiction. If
you find something relevant, please forward it to
webmaster@cardvisor.com
Connecticut
March, 2006 -- New Regulation Concerning Photographic
Identification of a Person Whose Age is in Question
In
Connecticut, there are three affirmative defenses available to
counter the charge of sale of alcohol to minors: the use of a
transaction scan device, the proper use of the age statement form,
and since 2004, the photo identification defense.
The Department of Consumer
Protection was directed to present for consideration regulations
relating to this photo identification defense.
The proposed regulations were
designed to provide a liquor retailer, their agent or employee,
with the ability to demonstrate a “good-faith” effort and
demonstrate a level of reasonable diligence in their effort to
accept a valid state driver’s license or identity card as proof of
age for alcohol service.
More...
Ohio
Excerpt: ...to grant liquor permit holders and sellers of tobacco
products, and their agents and employees, an affirmative defense
against a charge of selling or otherwise distributing cigarettes or
other tobacco products, or selling beer, intoxicating liquor, or
low-alcohol beverages, to an underage person if a transaction scan
of the person's driver's or commercial driver's license or Ohio
identification card indicates it is valid and the scan is reasonably
relied upon; to restrict the use of the information obtained through
a transaction scan; to require the Registrar of Motor Vehicles to
adopt rules relating to the use of transaction scan devices;...
For the complete
bill, click on
Ohio Senate
Bill Number 200
Nebraska
In April of
2010, Nebraska changed the law on the use of ID Scanners.
Originally the law prevented the user or scanner from saving any
data. Now the law allows for ID Scanner to save the ID number
and/or the calculated age of ID presented. The scanner may not
retain name or address information.
....§60-4,111.01 requires that a sign be posted when ID scanning is
done on the premises. The only information that may be kept is the
Identification Number and age indicated on the Identification. YOU
MAY NOT store names, dates of birth, addresses or physical
descriptions.
Before purchasing any kind of age verification devise ensure that it
can be modified to only collect the information allowed by law.
WARNING
• DO NOT KEEP OR STORE ANY INFORMATION COLLECTED FROM ANY
IDENTIFICATION OTHER THAN THE IDENTIFICATION NUMBER OR THE AGE
INDICATED ON THE IDENTIFICATION WITH A ELECTRONIC IDENTIFICATION
CHECKING DEVICE - TO DO SO IS A CLASS IV FELONY IN NEBRASKA
§60-4,111.01.
Click here to
see
Nebraska Revised Statute 60-4,111.01 and
here to see summary
provided by Nebraska Liquor Control Commission.
Texas
During
the 2001 legislative session,
HB 3016 by Representative Haggerty
passed, allowing retail establishments to use electronic equipment
to determine the authenticity of personal identification when
selling alcohol. It also regulates the use of collected transaction
scan data.
For the complete
bill, click on
HB 3016
Oregon
Exerpt: ...Upon finding that a package store licensee or an
employee of a package store licensee has sold alcoholic beverages to
a minor, or has failed to properly verify identification of a person
who purchased alcoholic beverages, the
Oregon Liquor Control Commission may allow the licensee, in lieu of
a civil penalty or denial, suspension or cancellation of the
license, to acquire and use equipment designed to prevent sales of
alcoholic beverages to minors... For the complete bill, click
on
Oregon House Bill Number 2140B
Utah
In March of 2010, UTAH was the first state to mandate the use of
ID Scanners as it changed the laws for private clubs. Here is
a link to a
summary of the Utah Law.
The DABC does
not provide a list of approved scanners. ID scanners (electronic age
verification devices) are available from multiple manufacturers and
vendors. An ID scanner selected by a social or dining club licensee
must meet the requirements of rule R81-5-18 which may be viewed at
http://www.rules.utah.gov/publicat/code/r081/r081-05.htm#T16
and is summarized below.
● An electronic age verification device:
a) must contain the technology to read a magnetic stripe and a two
dimensional (“2d”) stack symbology (bar code), or an alternate
technology capable of electronically verifying the proof of age; and
b) shall be capable of reading a valid state issued driver’s
license, a valid state issued identification card, a valid military
identification card, or a valid passport;
c) shall have a screen that displays no more than a person’s name,
age, ID number, birth date, gender, ID status & expiration date; and
d) shall have the capability of electronically storing the name,
age, ID number, birth date, gender, ID status & expiration date for
seven days (168 hours) including the time and date the proof of age
was scanned.
● If the proof of age cannot be scanned electronically, an
alternative method of verifying an individual’s proof of age shall
include a record or log showing the type, number, and expiration
date of the ID; the date the ID was presented, the individual’s name
and date of birth.
● Any data collected either electronically or otherwise, may only be
used for the purpose of verifying an individual’s proof of age and
may not be retained by the licensee in a data base for mailing,
advertising, or promotional activity, to acquire personal
information to make inappropriate personal contact with the
individual, and shall be retained for a period of seven days from
the date on which it was acquired, after which it must be deleted.
The data collected may be acquired by law enforcement, or other
investigative agencies.
West Virginia
Exerpt: ...A licensee, who: (i) Has installed a transaction
scan device in its licensed premises; and (ii) can demonstrate that
it requires each employee, servant, or agent to verify the age of
any individual to whom liquor is sold, furnished, or given away by
the use of the transaction device may not be subject to: (A) Any
criminal penalties whatsoever; (B) any administrative penalties from
the commissioner; or (C) any civil liability whatsoever for the
improper sale, furnishing, or giving away of liquor to an individual
who is less than twenty-one years of age by one of his or her
employees, servants or agents. Any agent, servant, or employee, who
has improperly sold, furnished or given away liquor to an individual
who is less than twenty-one years of age, is subject to the criminal
penalties of subsection (b) of this section. Any agent, servant, or
employee, who has improperly sold, furnished or given away liquor to
an individual less than twenty-one years of age, is subject to
termination from employment, and the employer shall have no civil
liability for the termination....
...Information
from a transaction scan may not be used or released for any purpose
other than to verify compliance or noncompliance of the licensee
with the provisions of this article... For the complete bill,
click on
West Virginia
Senate
Bill Number 535
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