Can you scan an ID in South Carolina?

South Carolina law does not regulate a business’s practice of scanning IDs or retaining 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 South Carolina 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 South Carolina offer affirmative defense for ID scanning?

No.

South Carolina. Title 61 – Alcohol and Alcoholic Beverages
Chapter 4 – BEER, ALE, PORTER, AND WINE Section 61-4-90 – Transfer of beer or wine for underage person’s consumption.

(A) It is unlawful for a person to transfer or give to a person under the age of twenty-one years for the purpose of consumption of beer or wine in the State, unless the person under the age of twenty-one is recruited and authorized by a law enforcement agency to test a person’s compliance with laws relating to the unlawful transfer or sale of beer and wine to a minor. A person who violates this section is guilty of a misdemeanor and, upon conviction:

(1) for a first offense, must be fined not less than two hundred dollars nor more than three hundred dollars or imprisoned not more than thirty days, or both; and

(2) for a second or subsequent offense, must be fined not less than four hundred dollars nor more than five hundred dollars or imprisoned not more than thirty days, or both.

(B) A person found guilty of a violation of Section 61-6-4070 and this section may not be sentenced under both sections for the same offense.

(C) The provisions of this section do not apply to a:

(1) spouse over the age of twenty-one giving beer or wine to his spouse under the age of twenty-one in their home;

(2) parent or guardian over the age of twenty-one giving beer or wine to his children or wards under the age of twenty-one in their home; or

(3) person giving beer or wine to another person under the age of twenty-one in conjunction with a religious ceremony or purpose if the beer or wine was lawfully purchased.

(D) A person eighteen years of age and over lawfully employed to serve or remove beer, wine, or alcoholic beverages in establishments licensed to sell these beverages are not considered to be in unlawful possession of the beverages during the course and scope of their duties as an employee. The provisions of this subsection do not affect the requirement that a bartender must be at least twenty-one years of age.

(E) This section does not apply to an employee lawfully engaged in the sale or delivery of these beverages in an unopened container.

(F) The provisions of this section do not apply to a student who:

(1) is eighteen years of age or older;

(2) is enrolled in an accredited college or university and a student in a culinary course that has been approved through review by the State Commission on Higher Education;

(3) is required to taste, but not consume or imbibe, any beer, ale, porter, wine, or other similar malt or fermented beverage as part of the required curriculum; and

(4) tastes a beverage pursuant to item (3) only for instructional purposes during classes that are part of the curriculum of the accredited college or university.

The beverage must remain at all times in the possession and control of an authorized instructor of the college or university who must be twenty-one years of age or older. Nothing in this subsection may be construed to allow a student under the age of twenty-one to receive any beer, ale, porter, wine, or other similar malt or fermented beverage unless the beverage is delivered as part of the student’s required curriculum and the beverage is used only for instructional purposes during classes conducted pursuant to the curriculum.

South Carolina General Assembly Bill 425. Relating to delivery of alcoholic beverages

This bill would require a retail dealer or delivery service employee to scan and retain, or manually record or document the recipient’s name, date of birth, type of identification presented and signature. Licensed retail dealers or third parties shall maintain records of alcoholic liquor sales delivered by third parties for a period of three years. The records must document the chain of custody of the alcoholic liquors sold by retail dealers and delivered by third parties and shall include the retail dealer’s name, deliverer’s name, recipient’s name, date of birth, type and number of identification presented, delivery address and signature.

A retail dealer or delivery service licensee may only deliver alcoholic liquors within the time allowed for lawful sales and consumption in the jurisdiction, subject to local option laws in the county for the licensed retail dealer, and as provided in Section 61-6-1500 and Article VIII-A of the Constitution of the State of South Carolina. Also, at the time of delivery, a retail dealer or delivery service employee or independent contractor must: (i) use some form of electronic or current state-of-the-art age verification software technology requiring the recipient to provide photographic identification reflecting a date of birth to verify the recipient is at least twenty-one years of age, and must obtain the recipient’s signature, or (ii) if the available software technology is not operable at the point of delivery, then manually record or document the deliverer’s name, the recipient’s name, date of birth, type and number of identification presented and signature before transferring possession of the alcoholic liquors to the intended recipient.

South Carolina Bill 582. Youth Access to Tobacco Prevention.

(A)    It is unlawful for an individual a tobacco retail establishment to sell, furnish, give, distribute, purchase for, or provide a tobacco product or an alternative nicotine product to a minor under the age of eighteen years.

    (B)    It is unlawful for a tobacco retail establishment to sell a tobacco product or an alternative nicotine product to an individual who does not present upon demand proper proof of age. Failure to demand identification to verify an individual’s age is not a defense to an action initiated pursuant to this subsection. Proof that is demanded, is shown, and reasonably is relied upon for the individual’s proof of age is a defense to an action initiated pursuant to this subsection.

    (C)    A person tobacco retailer or tobacco retail establishment engaged in the sale of tobacco products or alternative nicotine products made through the Internet or other remote sales methods shall perform an age verification through an independent, third-party age verification service that compares information available from public records to the personal information entered by the individual during the ordering process that establishes the individual is eighteen years of age or older and shall use a method of mailing, shipping, or delivery that requires the signature of a person at least eighteen years of age before a tobacco product or alternative nicotine product will be released to the purchaser, unless the Internet or other remote sales methods employ the following protections to ensure age verification:

1.  the customer creates an online profile or account with personal information including, but not limited to, name, address, social security information, and a valid phone number, and that personal information is verified through publicly available records; or
2. the customer is required to upload a copy of his or her government-issued identification in addition to a current photograph of the customer; and
3. delivery is made to the customer’s name and address.

South Carolina Senate Bill 514 is similar is language and objective.

South Carolina General Assembly Bill S. 404. Automated Decision Systems on Social Media Platforms.

It is unlawful for any operator of a website, an online service, or an online or mobile application, including any social media platform, to utilize an automated decision system for content placement, including feeds, posts, advertisements, or product offerings, for a user under the age of eighteen who is a resident of the State of South Carolina.

An operator that utilizes an automated decision system for content placement for residents of South Carolina who are eighteen years or older shall perform an age verification through an independent, third-party age-verification service that compares information available from public records to the personal information entered by the user to create an account to establish the individual is eighteen years of age or older, unless the operator employs the following protections to ensure age verification:

(a) the user creates an online profile or account with personal information including, but not limited to, name, address, and a valid phone number, and that personal information is verified through publicly available records; or

(b) the user is required to upload a copy of his or her government-issued identification in addition to a current photograph of the user.

South Carolina A292. Relating to dealers of precious metals

Identification requirements, specific forms acceptable

SECTION    3.    Section 40-54-40 of the 1976 Code is amended to read:

“Section 40-54-40.    (A)(1)    Every dealer shall keep a book in which must be written at the time of any purchase of precious metal or precious or semiprecious stones or gems made from the general public, whether in bulk or manufactured form, the date of purchase, amount of money or other property exchanged for the metal, stones, or gems, the name, sex, race, age, address, and driver’s license number of the person selling the items, articles, or things bought, and the number and nature and brand name of the items, articles, or things. Descriptions must include size, weight, patterns, or engraving or any unusual identification marks.

(2)    If the seller does not have a driver’s license, some other positive identification bearing his photograph and an identifying number may be substituted including:

(a)    another form of identification containing a photograph and issued by the Department of Motor Vehicles;

(b)    a passport;

(c)    military identification containing a photograph and issued by the United States federal government; or

(d)    a South Carolina voter registration card containing a photograph pursuant to Section 7-5-675.

(3)    If the seller cannot produce a driver’s license or other positive identification, the dealer may not buy any merchandise from him. Every dealer shall, at the time of purchase, obtain the signature of the seller as part of the recording of the transaction.

(B)    The record book must be kept for three years and at all reasonable times must be open to the inspection of any judicial or law enforcement officials or their designees.

(C)    The local law enforcement agency may not reveal a seller’s identity supplied under this section except to other law enforcement agencies and prosecuting officials or pursuant to the valid order of a court or in the course of any criminal investigation or prosecution.”