North Carolina Affirmative Defense Law

North Carolina laws below provide an Affirmative Defense  if the retailer provides “… Shows that the purchaser produced a driver’s license, a special identification card issued under G.S. 20-37.7, a military identification card, or a passport, showing his age to be at least the required age for purchase and bearing a physical description of the person named on the card reasonably describing the purchaser;..”   There doesn’t appear to be an explicit North Carolina Affirmative Defense for use of an ID Scanner but there is mention of a biometric device (not sure what that is).   There does not seem to be any mention of data collection or use or restriction on the use of collected data.

§ 18B-302.  Sale to or purchase by underage persons.

(a)       Sale. – It shall be unlawful for any person to:

  1. (1)        Sell malt beverages or unfortified wine to anyone less than 21 years old; or
  2. (2)        Sell fortified wine, spirituous liquor, or mixed beverages to anyone less than 21 years old.

(a1)     Give. – It shall be unlawful for any person to:

  1. (1)        Give malt beverages or unfortified wine to anyone less than 21 years old; or
  2. (2)        Give fortified wine, spirituous liquor, or mixed beverages to anyone less than 21 years old.

(b)       Purchase, Possession, or Consumption. – It shall be unlawful for:

  1. (1)        A person less than 21 years old to purchase, to attempt to purchase, or to possess malt beverages or unfortified wine; or
  2. (2)        A person less than 21 years old to purchase, to attempt to purchase, or to possess fortified wine, spirituous liquor, or mixed beverages; or
  3. (3)        A person less than 21 years old to consume any alcoholic beverage.

(c)       Aider and Abettor.

  1. (1)        By Underage Person. – Any person who is under the lawful age to purchase and who aids or abets another in violation of subsection (a), (a1), or (b) of this section shall be guilty of a Class 2 misdemeanor.
  2. (2)        By Person over Lawful Age. – Any person who is over the lawful age to purchase and who aids or abets another in violation of subsection (a), (a1), or (b) of this section shall be guilty of a Class 1 misdemeanor.

(d)       Defense. – It shall be a defense to a violation of subsection (a) of this section if the seller:

  1. (1)        Shows that the purchaser produced a driver’s license, a special identification card issued under G.S. 20-37.7, a military identification card, or a passport, showing his age to be at least the required age for purchase and bearing a physical description of the person named on the card reasonably describing the purchaser; or
  2. (2)        Produces evidence of other facts that reasonably indicated at the time of sale that the purchaser was at least the required age.
  3. (3)        Shows that at the time of purchase, the purchaser utilized a biometric identification system that demonstrated (i) the purchaser’s age to be at least the required age for the purchase and (ii) the purchaser had previously registered with the seller or seller’s agent a drivers license, a special identification card issued under G.S. 20-37.7, a military identification card, or a passport showing the purchaser’s date of birth and bearing a physical description of the person named on the document.

(e)       Fraudulent Use of Identification. – It shall be unlawful for any person to enter or attempt to enter a place where alcoholic beverages are sold or consumed, or to obtain or attempt to obtain alcoholic beverages, or to obtain or attempt to obtain permission to purchase alcoholic beverages, in violation of subsection (b) of this section, by using or attempting to use any of the following:

  1. (1)        A fraudulent or altered drivers license.
  2. (2)        A fraudulent or altered identification document other than a drivers license.
  3. (3)        A drivers license issued to another person.
  4. (4)        An identification document other than a drivers license issued to another person.
  5. (5)        Any other form or means of identification that indicates or symbolizes that the person is not prohibited from purchasing or possessing alcoholic beverages under this section.

(f)        Allowing Use of Identification. – It shall be unlawful for any person to permit the use of the person’s drivers license or any other form of identification of any kind issued or given to the person by any other person who violates or attempts to violate subsection (b) of this section.

This above was found in e North Carolina Alcohol Statues

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