North Carolina Affirmative Defense Law 4/16/2020 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 […]
Nebraska ID Scanner Law Nebraska ID Scanner Law does not appear to provide an affirmative defense but does allow ID Scanning for the purchase of alcohol, lottery tickets, and tobacco products and only allows storing the cardholder’s Age and identification number. A retailer of methamphetamine precursors may also scan IDs and store the following fields; Name, […]
New Hampshire law seems to allow Pawnbrokers to use ID Scanners, but all others need authorization from the department of motor vehicles. See section X below. If anyone is aware of another regulation which grants authorization to those selling age sensitive products, please coment below. Also seems if one can prove due diligence […]
Arizona Affirmative Defense ID Scanner 4/15/2020 Arizona affirmative defense for serving liquor to a minor. Arizona legislation seems to provide an ID Scanner Affirmative Defense to merchants who mistakenly serve liquor to a minor by describing “..an electronic file or printed document produced by a device that reads the person’s age from the identification.” An […]
In Pennsylvania, the law provides a clear defense for establishments and their employees when it comes to accidentally serving alcohol to minors, particularly through the use of modern technology. Under Title 47 P.S. Liquor § 4-495(g), licensed establishments and their employees can avoid penalties if they use a transaction scan device to verify the validity […]
Legally Speaking by Marc Myers is a feature of the Ohio Tavern News.Reprinted from Ohio Tavern News September 21, 2004 issue. Permit holders know that the sale of alcoholic beverages to underaged people is both a crime and a liquor violation. Many permit holders believe that they have a complete defense to the charges if […]
Texas Affirmative Defense ID Scanner Law 4/16/2020 Texas ID Scanner Law provides an affirmative defense when using an ID Scanner and as provides consumer privacy protection by stating data may only be saved for as long as required by the ABC and may not be used for marketing. (See Link at bottom for entire act) […]
Connecticut ID Scanner Affirmative Defense 4/16/20 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, […]
In January of 2012, New York’s Liquor Authority posted an important change to how agents could perform sting operations. Until now, under cover agents in NY, like most states, had to truthfully respond to questions about their age. In this important change, agents may now lie about their age when merchants ask how old […]
Affirmative Defense for Alcohol Sales in NY to a Minor when using an ID Scanner. NY state Alcohol Beverage Control law providing affirmative defense protection to merchants using an ID Scanner when selling to a minor. In the section of NY ABC law provided below, section 7 provides merchants with an affirmative defense when properly […]
