ID scanning regulations vary across the United States, making it essential for businesses to align their ID-checking practices with both state laws and business needs. For example, states like New York and California enforce strict privacy protections for consumers. These laws emphasize the principle of "less is more," encouraging businesses to collect only essential personal data to remain compliant.
At the same time, many states acknowledge the value of ID scanners in verifying identity, documenting the ID-checking process, and mitigating liability risks.
Businesses stay compliant while protecting themselves from potential fines or penalties.
It is a legal provision that protects businesses from liability if they unknowingly sell age-restricted products to a minor who presents a fake or invalid ID. To qualify for this defense, businesses must demonstrate reasonable care and precautions to verify the customer's age, by using an electronic ID scanner. This scanner checks the validity of the ID, such as its barcode or magnetic strip, and records the transaction as proof of due diligence.
An affirmative defense means that a business is not liable if they use an ID scanner. This ensures that businesses cannot be sued or held legally responsible for selling age restricted products to a minor if they used appropriate ID scanning methods such as an ID scanner with age verification software and relied that ID to be real.
The requirements for qualifying for the affirmative defense for ID scanning vary by state. Generally, businesses must use an electronic ID scanner to verify the age of customers purchasing age-restricted products like alcohol and tobacco. This process involves scanning the barcode on the ID to confirm its validity and age. Some states may have additional regulations, such as restrictions on storing personal information.
Arizona, Connecticut, Nevada, New York, North Carolina, Ohio, Oregon, Pennsylvania, Texas, Utah, West Virginia
Many states include “Affirmative Defense” provisions in their laws to protect businesses that make good faith efforts to verify IDs. By using an ID scanner with age verification software, businesses demonstrate due diligence in preventing minors from gaining access to age-restricted products and services, even if a fake ID slips through. States encourage this practice so businesses can reduce legal risks and also promote responsible practices.
For over 25 years, ViAge ID Scanners have supported businesses with reliable, affordable, and easy to use age verification solutions. We prioritize efficient ID-checking processes that boost employee productivity while safeguarding sensitive personal information. Our solutions are designed to operate offline and outside of the cloud, addressing increasing concerns around data breaches and hacking.
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"The flexibility of the ViAge Verifier makes it easy for us to use. We use it behind the bar, at the door - almost
everywhere. The unit is very intimidating to kids with fake ID's. When we have bands playing, we use it at the
door and some kids who have fake ID's have gotten out of line because they saw us using the ViAge verifier."
"The ViAge Verifier is easy to use. We use it for our concerts and it's so quick and easy to verify people's ages, this unit makes things run much smoother. When people have a fake ID they don't even try to
use it when they see that we are using an age verification device. The ViAge Verifier is use as a deterrent
for those people with fake ID's."
"I Love it! It is a timesaver for us. And that really speaks for itself. We have used the verifier for 12 months
and it really helps us when we are rushed at the bar by taking out a lot of the guesswork and makes turning
18, 19 and 20 year-olds away easy. We have had no legal problems since buying the machine."
"Thank you so much for sending the new ViAge so quickly. My store is right across the street from Disneyland
and your product has saved us countless times. Let me know if I can provide a testimonial as to the quality,
value and usefullness of the ViAge. I would be happy to help you acquire new customers!"
"The ViAge device is simple, durable and timeless. It’s my workhorse - after running for over 10 years, I have
ordered another machine."
"My livelihood is my liquor license. The ViAge has been instrumental in keeping it that way. No more
undercover cops since then."
*The information on this website is provided solely for general interest and should not be relied upon as legal advice. Seek the opinion of legal counsel for specific and comprehensive advice.
