Overview of Alaska ID Scanning Laws
Can you scan an ID in Alaska?
Yes.
Can you store the information from a scanned ID in Alaska?
Yes. Alaska law does not regulate a business’s practice of scanning IDs or retaining information obtained from a scan.
Does Alaska offer affirmative defense for ID scanning?
No, Alaska does not offer affirmative defense for ID scanning.
Which businesses in Alaska should scan IDs?
No business type in Alaska is required to scan IDs. However, several types of Alaskan businesses will see improved workflow efficiency by choosing to electronically scan IDs.
Alcohol Regulations
Summary
The state’s alcoholic beverage laws require that ID be checked when the server is not sure that the customer is 21 years of age or older. Some local governing bodies may have ordinances that require a universal ID check for alcohol sales.
Proof of age and of not being restricted from purchasing alcoholic beverages
(a) If a licensee or an agent or employee of the licensee questions or has reason to question whether a person entering licensed premises, or ordering, purchasing, attempting to purchase, or otherwise procuring or attempting to procure alcoholic beverages,
- has attained the age of 21 years or is entering without consent in violation of AS 04.16.049(a)(3) and has not attained the age of 16 years, that licensee, agent, or employee shall require the person to furnish proof of age acceptable under (b) of this section or proof of consent in a form determined by the board; if the person questioned does not furnish proof of age acceptable under (b) of this section, or if a licensee, agent, or employee questions or has reason to question the validity of the proof of age furnished, the licensee, employee, or agent shall require the person to sign a statement that the person is over the age of 21 or 16 years, as appropriate; this statement shall be made on a form prepared by and furnished to the licensee by the board;
- is restricted from purchasing alcoholic beverages under AS 04.16.160, the licensee, agent, or employee may, but has no duty or obligation to, require the person to furnish proof acceptable under (b) of this section that the person is not restricted from purchasing alcoholic beverages or require the person to sign a statement that the person is not restricted from purchasing alcoholic beverages under AS 04.16.160; this statement shall be made on a form prepared by and furnished to the licensee by the board.
(b) Except as provided in AS 04.16.160, a valid driver’s license or a valid identification card is acceptable as proof of age or that the person is not restricted from purchasing alcoholic beverages when used for identification in the purchase of alcoholic beverages and for securing entry to and remaining on premises where alcoholic beverages are sold if the license or identification card is made of or encased in plastic and contains a photograph of the licensee or card holder and a statement of age or date of birth. A licensee, agent, or employee may elect to not accept a passport, military identification card, or other identification as proof that the person is not restricted from purchasing alcoholic beverages and may require the person to furnish a valid driver’s license or state identification card or otherwise furnish proof that the person is not a resident of this state.
(c) A licensee, or an agent or employee of the licensee, may not be charged for a violation of AS 04.16.047—04.16.052 if a signed statement as provided in (a) of this section is secured in good faith, or a valid driver’s license or identification card is presented indicating that the owner and possessor of the presented driver’s license or identification card is 21 or 16 years of age or over or is not restricted from purchasing alcoholic beverages, as appropriate.
Tobacco and Nicotine Regulations
Summary
The state adheres to the federal requirements regarding tobacco and vaping product sales. Retailers must deny sales to anyone under 21 years old, and must check the photo ID of everyone under the age of 30 for each and every sale. Sales must be declined if the customer is underage, has no photo ID, the photo ID contains no date-of-birth or the photo ID has expired.
Retail sales of tobacco products
Retail sales of tobacco products
Restricted products
State-restricted: Cigarettes, cigars, tobacco, or any products containing tobacco or nicotine. (e-cigarettes and vaping products), including electronic smoking products, such as e-cigarette, e-cigar, e-pipe, e-hookah, vape pen, components such as e-liquid, e-juice, vapor product, flavoring, or other related products.
Federally restricted: FDA regulations apply to these tobacco products defined under the Tobacco Control Act as any product made or derived from tobacco or containing nicotine from any source (e.g., synthetic nicotine) that is intended for human consumption.
Accepted forms of identification
A valid driver’s license or a valid identification card if the license or Identification card is made of or encased in plastic and contains a photograph of the license or card holder and a statement of age or date of birth.
Junk Yards
Junk Dealers and Junk Yards – Scrap Metal Dealer Record Requirements
AS 08.60 Article 02 Sec. 08.60.200
(a) A scrap metal dealer shall maintain an accurate paper or electronic record of each in-person transaction in which the dealer purchases scrap metal for $100 or more from another person.
(b) The record of a transaction must include
- the date, time, location, and value of the scrap metal purchased;
- the name of the dealer’s employee or agent handling the transaction;
- the name, address, and telephone number of the person from whom the dealer purchased the scrap metal;
- a description, including the license plate information, of a motor vehicle used to deliver the scrap metal to the dealer;
- if the person who sells scrap metal to the dealer is an individual, the number of the individual’s driver’s license, the number of the individual’s government-issued identification document that contains a picture, or a copy of the individual’s government-issued identification document that contains a picture;
- if the person who sells scrap metal to the dealer is an organization, the number of the person’s state business license issued under AS 43.70.020 ;
- a description, including weight and quantity, of the scrap metal purchased by the dealer; the scrap metal dealer shall determine the weight by using a scale that complies with the state standards of weight and measure established under AS 45.75; and
- the signed statement required by AS 08.60.210
Notary Services
Summary
Notary publics in Alaska must verify each individual’s identity.
Relating to electronic notarial services
The notary public has
- Personal knowledge of the identity of the individual;
- Obtained satisfactory evidence of the identity of the remotely located individual by oath or affirmation from a credible witness appearing before the notary public under AS 44.50.062(5)(A); or
- Obtained satisfactory evidence of the identity of the remotely located individual by using
- a government-issued identification card
- a credential analysis of the identification card described in (i) of this subparagraph; in this sub-subparagraph, “credential analysis” means a form of identity proofing by which a third person affirms the accuracy of a government-issued identification card; and
- at least one type of identity proofing;
The notary public is able reasonably to confirm that a record before the notary public is the same record in which the remotely located individual made a statement or on which the individual executed a signature;