Can you scan an ID in Louisiana?
Louisiana law does not regulate a business’s practice of scanning IDs or retaining information obtained from a scan.
Overview of Louisiana 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.
Does Louisiana offer affirmative defense for ID scanning?
No.
Louisiana Law RS 14 §93.11. Unlawful alcohol sales to persons under twenty-one
Unlawful sales to persons under twenty-one is the selling or otherwise delivering for value of any alcoholic beverage to any person under twenty-one years of age unless such person is the lawful owner or lawful employee of an establishment to which the sale is being made and is accepting such delivery pursuant to such ownership or employment. Lack of knowledge of the person’s age shall not be a defense.
§93.14. Responsibilities of retail dealers not relieved
Nothing in R.S. 14:93.10 through 93.13 shall be construed as relieving any licensed retail dealer in alcoholic beverages any responsibilities imposed under the provisions of Title 26 of the Louisiana Revised Statutes of 1950.
Louisiana SB 168 – Relating to increased penalties for underage alcohol sales
Introduced 03/07/2024
If this bill is passes, there will be several key changes for bar owners and businesses that serve alcohol:
- SB168 increases the fines a business will pay if caught serving a minor
- 1st time offense increases from $50 to $100-$1,000
- 2nd offense upper limit increases from $1,000 to $2,500
- 3rd offense upper limit increases from $2,500 to $5,000
- After any violation, ID scanning will be required before the sale of alcoholic beverages.
These changes, if passed, will go into effect August 1, 2024
Louisiana HB 142 – Provides for liability for publishers of [pornography] to minors
Any commercial entity that knowingly and intentionally publishes or distributes material harmful to minors on the internet from a website that contains a substantial portion of such material shall be held liable if the entity fails to perform reasonable age verification methods to verify the age of individuals attempting to access the material.
(2) Any commercial entity or third party that performs the required age verification shall not retain any identifying information of the individual after access has been granted to the material.
(8) “Reasonable age verification methods” include verifying that the person seeking to access the material is eighteen years of age or older by using any of the following methods:
(a) Provide a digitized identification card as defined in R.S. 51:3211.
(b) Require the person attempting to access the material to comply with a commercial age verification system that verifies in one or more of the following ways:
(i) Government-issued identification.
(ii) Any commercially reasonable method that relies on public or private transactional data to verify the age of the person attempting to access the information is at least eighteen years of age or older.
Louisiana Law RS §91.8. Unlawful sale, purchase, or possession of tobacco
Louisiana Law §91.8. Unlawful sale, purchase, or possession of tobacco, alternative nicotine products, or vapor products; signs required; penalties
C. It is unlawful for any manufacturer, distributor, retailer, or other person to sell or distribute any tobacco product, alternative nicotine product, or vapor product to a person under the age of twenty-one.
Louisiana Law §3213. Age Verification
For all online sales permit holders must perform an age verification process through an independent, third party age verification service that compares information from public records to the personal information entered by the purchaser during the ordering process that establishes the person is of legal age or older.
Louisiana Act No. 315. Relative to check cashing facilities.
Requires check cashing licensees to require a person who cashes a U.S. Treasury check or state tax refund check for $1000 or more to present a photo ID. Valid forms of ID will include a driver’s license or state-issued ID with a photograph, a passport, or a military or federal identification card with photograph. Licensees will be required to keep a copy of the photo ID for at least three years from the date the check was cashed.
Louisiana RS 37: §1864. Record of secondhand goods or objects purchased required
A.(1) Every individual, firm, corporation, entity, or partnership, except municipalities, political subdivisions, and public utility companies, engaged in the business of purchasing and reselling any of the materials provided for in this Part located either at a permanently established place of business or in connection with a business of an itinerant nature, including junk shops, junk yards, junk stores, auto wreckers, scrap metal dealers or processors, salvage yards, collectors of or dealers in junk or secondhand property, and junk trucks, shall either keep a register and file reports or electronically maintain data and be capable of readily providing reports, as specified in Subsection B of this Section, in the form prescribed by the Department of Public Safety and Corrections which shall contain the following information:
(a) The name and address of the residence or place of business of the person required to either keep the register and file reports or electronically maintain the data and generate the requested reports.
(b) The date and place of each such purchase.
(c) The name and address of the person or persons from whom the material was purchased, including the distinctive number of the person’s or persons’ Louisiana driver’s license, driver’s license from another state, passport, military identification, or identification issued by a governmental agency or the United States Postal Service. If the person cannot produce any of the above forms of identification at the time of purchase, the purchaser shall not complete the transaction.
(d) The motor vehicle license number of the vehicle or conveyance on which such material was delivered.
Popular ID Scanners in Louisiana
Because Louisiana attracts tourists from around the world, many Louisiana businesses prefer ID scanners that can scan both driver’s licenses and passports. This requires a flatbed scanner with a hood. Customers at high-volume locations such as nightclubs or event venues often also enjoy the convenience of an affordable mobile ID scanner.