Can you scan an ID in Oklahoma?

Oklahoma law does not regulate a business’s ability to scan IDs and to retain information obtained from a scan. 

There are some instances in which merchants are required to record information related to identity, such as sale of controlled substances and scrap metal recycling. ID scanning can improve the ease and accuracy of record keeping in these scenarios.

Overview of Oklahoma ID Scanning Laws

While Oklahoma law does not regulate a business’s ability to scan IDs, businesses selling alcohol or tobacco may use evidence of having scanned IDs in establishing a defense to a charge of unlawful sale.  Oklahoma law is silent on what such business may do with information obtained from scans. 

In the absence of any statute expressly regulating a business’s ability to scan IDs and to retain information obtained from a scan in general, subject to applicable privacy laws, businesses are likely allowed to scan IDs and to retain information obtained from scans. 

Does Oklahoma offer affirmative defense for ID scanning?

Yes. Oklahoma offers affirmative defense for ID scanning for tobacco sales. However, there is no mention of affirmative defense for alcohol sales.

Oklahoma Statutes. §37-241.  Sale, barter or gift to person under 21 years of age.

A.  It shall be unlawful for any person to sell, barter, or give to any person under twenty-one (21) years of age any low-point beer, as defined in Section 163.2 of this title.
B.  It shall be unlawful for any person who holds a license to sell and dispense low-point beer for consumption on the premises, or any agent, servant, or employee of said license holder, to permit any person under twenty-one (21) years of age to be admitted to or remain in a separate or enclosed bar area of the licensed premises, which has as its main purpose the selling or serving of low-point beer for consumption on the premises.  The provisions of this section shall not prohibit persons under twenty-one (21) years of age from being admitted to an area which has as its main purpose some objective other than the sale or serving of low-point beer, in which sales or serving of said beverages are incidental to the main purpose, as long as persons under twenty-one (21) years of age are not sold or served said beverages; however, the incidental service of food in the bar area shall not exempt a licensee, agent, servant, or employee from the provisions of this section.
C.  It shall be unlawful for any person who holds a license to sell and dispense low-point beer, for consumption on the premises, or any agent, servant or employee of said license holder to permit any person under twenty-one (21) years of age to consume any low-point beer on the licensed premises.
D.  Any person violating the provisions of subsection A, B or C of this section shall upon conviction be guilty of a misdemeanor for a first violation and shall be punished by a fine of not more than Five Hundred Dollars ($500.00), or imprisoned in the county jail for not more than one (1) year, or by both such fine and imprisonment.  Any person convicted of a second violation within one (1) year of the first violation shall be guilty of a misdemeanor and shall be punished by a fine of not more than Two Thousand Five Hundred Dollars ($2,500.00), or imprisoned in the county jail for not more than one (1) year, or by both such fine and imprisonment.  Any person convicted of a third violation within one (1) year of the first violation shall be guilty of a felony and shall be punished by a fine of not more than Five Thousand Dollars ($5,000.00), or by imprisonment in the custody of the Department of Corrections for not more than five (5) years, or by both such fine and imprisonment.  The filing of a supplemental information shall be subject to the discretion of the district attorney.  One-half (1/2) of any fine collected shall be deposited in the Prevention of Youth Access to Alcohol Revolving Fund established by Section 608 of this title.
E.  That the person demanded, was shown, and reasonably relied upon proof of age shall be a rebuttable presumption to any action brought pursuant to this section.  A person cited for violating this section shall be deemed to have reasonably relied upon proof of age, and such person shall not be found guilty of such violation if:
1.  The individual who purchased or received the low-point beer presented what a reasonable person would have believed was a driver license or other government-issued photo identification purporting to establish that the individual was twenty-one (21) years of age or older; or
2.  The person cited for the violation confirmed the validity of the driver license or other government-issued photo identification presented by the individual by performing a transaction scan by means of a transaction scan device.
Provided, that this defense shall not relieve from liability any person cited for a violation of this section if such person failed to exercise reasonable diligence to determine whether the physical description and picture on the driver license or other government-issued photo identification was that of the individual who presented it.  The availability of the defense described in this subsection does not affect the availability of any other defense under any other provision of law.
F.  Upon violation of any of the provisions of this section by any agent, servant, or employee, the law enforcement agency shall notify the owner of the premises of the violation, the Oklahoma Tax Commission, and the district court clerk of the county in which the premises are located.  For purposes of this subsection, notification to the owner of the premises shall be deemed given if the law enforcement agency mails, by mail with delivery confirmation, the notification to the address which is on file with the Oklahoma Tax Commission of the owner of the location at which the violation occurred and the law enforcement agency received delivery confirmation from the United States Postal Service.
G.  Cities and towns may enact and municipal police officers may enforce ordinances prohibiting and penalizing conduct under the provisions of this section, but the provisions of the municipal ordinances shall be the same as provided for in this section, and the penalty provisions under such ordinances shall not be more stringent than those of this section and shall be limited to the provisions of Section 14-111 of Title 11 of the Oklahoma Statutes.

Oklahoma House Bill 1707. Alcoholic Beverage Delivery

This would require delivery service licensees to possess identification scanning software technology or a state-of-the-art alternative at the point of delivery to authenticate that the recipient is at least 21 years of age and collect the recipient’s name and date of birth to deliver alcoholic beverages from a store. During delivery, the driver shall obtain from the consumer a confirmation that they are at least twenty-one (21) years of age at the time the order is
placed. The driver shall also require the recipient to provide valid photo identification verifying the age and sign for the delivery.

The driver must possess identification scanning software technology or a state-of-the-art alternative at the point of delivery to authenticate that the recipient is at least twenty-one (21) years of age, and collect the recipient’s name and date of birth.

Oklahoma House Bill 2090 also references the above proposal.

2016 Oklahoma Statutes Title 37. Intoxicating Liquors §37-600.2. Definitions.

6. “Transaction scan” means the process by which a seller checks, by means of a transaction scan device, the validity of a driver license or other government-issued photo identification;

7. “Transaction scan device” means any commercial device or combination of devices used at a point of sale or entry that is capable of deciphering in an electronically readable format the information encoded on the magnetic strip or bar code of a driver license or other government-issued photo identification;

Oklahoma Statutes. Title 37. Intoxicating Liquors. §37-600.3. Furnishing of tobacco or vapor products to minors prohibited – Proof of age

3. Proof that the defendant demanded, was shown, and reasonably relied upon proof of age shall be a defense to any action brought pursuant to this section. A person cited for violating this section shall be deemed to have reasonably relied upon proof of age, and such person shall not be found guilty of the violation if such person proves that:

a.the individual who purchased or received the tobacco product or vapor product presented a driver license or other government-issued photo identification purporting to establish that such individual was eighteen (18) years of age or older, or

b.the person cited for the violation confirmed the validity of the driver license or other government-issued photo identification presented by such individual by performing a transaction scan by means of a transaction scan device.

Provided, that this defense shall not relieve from liability any person cited for a violation of this section if the person failed to exercise reasonable diligence to determine whether the physical description and picture appearing on the driver license or other government-issued photo identification was that of the individual who presented it. The availability of the defense described in this subsection does not affect the availability of any other defense under any other provision of law.

Oklahoma Bill HB 1540. Alcoholic beverages; licensing and permitting; modifying acts authorized by hold of winemaker license;

With regard to direct wine shipments permitted by this section, Direct Wine Shipper permit holders shall require the consumer to verify, by electronic means or otherwise, that the consumer is at least twenty-one (21) years of age.

Oklahoma. § 11-92 – Records – Local Ordinance – Inspection – Purchases Exceeding Thirty Five Pounds – Copper Wires – Minors – Declarations of Ownership – Vehicle Purchases

A. Every scrap metal dealer shall keep a separate book, record or other electronic system as authorized by the Oklahoma Scrap Metal Dealers Act, to record and maintain the following data from any seller of any amount of scrap metal as defined by the Oklahoma Scrap Metal Dealers Act:

1. A legible photocopy of the seller’s driver license or government-provided photo identification, issued by the United States government, State of Oklahoma, or any other state of the United States, or any other federally recognized identification that contains his or her name, and date of birth; provided, that if the photo identification does not contain an address, an address shall be provided;

Oklahoma Statutes. Title 63. Public Health and Safety. §63-2-341. Pharmacy electronic drug-tracking service.

A. Beginning January 1, 2013, any pharmacy that dispenses, sells or distributes any compound mixture or preparation containing any detectable quantity of base pseudoephedrine or ephedrine, its salts or optical isomers, or salts of optical isomers shall maintain an electronic record of the sale. The electronic record of the sale shall include the following information:

1. Name and address of the purchaser;
2. Date of birth of the purchaser;
3. Type of identification and number;
4. Date and time of the purchase;
5. Name and quantity of base pseudoephedrine or ephedrine purchased in grams, but not the overall weight of the products; and
6. Name, initials and registration number of the licensed pharmacist or registered pharmacy technician.

If the electronic tracking service is not able to record the identification type and identification number of the purchaser, the licensed pharmacist or a registered pharmacy technician shall write the identification type and number on the order. The electronic record shall also be maintained in a manner that allows for the determination of the equivalent number of packages purchased and total quantity of base ephedrine or pseudoephedrine purchased.