West Virginia ID Scanner Law

Affirmative Defense and Privacy

4/17/2020

(See Link at the bottom for the entire act)

WEST   VIRGINIA   CODE 

  • 11-16-18.   Unlawful acts   of licensees; criminal   penalties.

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…

 

 

 

The act can be found at http://www.wvlegislature.gov/wvcode/ChapterEntire.cfm?chap=11&art=16&section=18

Should the link not be active, a hard copy can be of the current act (4/20/2020) can also be uploaded HERE.

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