Can you scan IDs in Alabama?

Alabama law does not regulate a business’s practice of scanning IDs or retaining information obtained from a scan.

Summary of Alabama ID Scanning Laws

In the absence of any statute governing issues associated with a business’s practice of scanning IDs, a business is likely allowed to scan IDs and to retain information obtained from a scan, subject to applicable privacy laws.

There are some instances in which merchants are required to record information related to identity, such as the purchase of scrap metal or precious metals. ID scanning can improve the ease and accuracy of record keeping in these scenarios.

Alabama Act #2019-233 (HB41). Regarding Tobacco Sales

The bill went into effect on August 1, 2019. The act introduces major changes for retailers who advertise and/or sell alternative nicotine products, including vape devices and liquids, in the state of Alabama. These changes are geared toward limiting marketing that targets minors, as well as limiting minors’ access to alternative nicotine products.

Major changes include:

• The sale of alternative nicotine products to anyone under the age of 19 is prohibited.
• The Alcohol Beverage Control Board is responsible for the regulation of e-cigarettes and vape products.
• Advertising cannot categorize alternative nicotine products as healthy options to replace smoking.
• Billboards advertising vaping liquid are limited to the advertisement of three flavors: tobacco, mint, or menthol.
• Vape shops are required to have a tobacco permit.
• Opening vape shops within 1,000 feet of a school, church, youth center, daycare center, or public library, playground or park is prohibited.

Alabama Act 2009-578 (HB391). Regarding ID checks before sale of tobacco products

This bill prohibits distribution of tobacco products to minors, requires that proof of age be checked upon purchase of tobacco products and removes all tobacco products in retail setting from public access.

Scrap Metals. AL Code § 13A-8-31. Regarding Secondary Metal Recycling

Record of purchases.

(a) A secondary metals recycler shall maintain a legible record of all purchase transactions of ferrous or nonferrous metals to which the secondary metals recycler is a party. The record shall include all of the following information:

(1) The name and address of the secondary metals recycler.

(2) The name or identification of the employee responsible for making the purchase on behalf of the secondary metals recycler.

(3) The date and time of the transaction.

(4) The weight, quantity, or volume and a description of the type of metal property purchased in a purchase transaction. For purposes of this subdivision, the term “type of metal property” shall include a general physical description, such as wire, tubing, extrusions, or casting.

(5) The amount of consideration given in a purchase transaction for the metal property.

(6) A signed statement from the person receiving consideration in the purchase transaction stating that he or she is the rightful owner of the metal property or is authorized to sell the metal property being sold.

(7) The name and address of the person delivering the metal property to the secondary metals recycler.

(8) A photocopy or scanned copy of the personal identification card of the person delivering the metal property to the secondary metals recycler, including the distinctive number from, and type of, the personal identification card of the person delivering the metal property to the secondary metals recycler.

(9) The vehicle license tag number and state of issue, or the vehicle identification number if no vehicle license tag is available, and the type of vehicle used to deliver the metal property to the secondary metals recycler. For purposes of this subdivision, the term “type of vehicle” shall mean an automobile, pickup truck, van, or truck.

(10) A digital photograph or video recording of the person delivering or receiving consideration for the metal property delivered to the secondary metals recycler in which the person’s facial features are clearly visible and a photograph or video recording of the metal property as delivered or sold in which the type of metal property is identifiable. The time and date shall be digitally recorded on the photograph or video recording.

(b) A secondary metals recycler shall maintain or cause to be maintained the information required by subsection (a) for not less than one year from the date of the purchase transaction.

(c) Any person who intentionally violates the requirements of subsections (a) or (b) shall be guilty of a Class B misdemeanor for a first offense, a Class A misdemeanor for a second offense, and a Class C felony for a third or subsequent offense within a 10-year period.

(d) It shall be unlawful for any person to give false information and receive money or other consideration from a secondary metals recycler in return for metal property. Any person in violation of this subsection shall be guilty of a Class C felony.