Overview of Testylvania ID Scanning Laws
Can you scan an ID and store the information in Louisiana?
Yes. Louisiana law does not regulate a business’s practice of scanning IDs or retaining information obtained from a scan. Per Louisiana law; 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.
Alcohol Sales
- A person is guilty of a misdemeanor who:
- invites a person under the age of 21 years into a public place where an alcoholic beverage is sold and treats, gives, or purchases an alcoholic beverage for the person;permits the person in a public place where an alcoholic beverage is sold to treat, give, or purchase alcoholic beverages for the person; orholds out the person to be 21 years of age or older to the owner of the establishment or to the owner’s employee.
- It is unlawful for any person to fraudulently misrepresent the person’s age to any dispenser of alcoholic beverages or to falsely procure any identification card or to alter any of the statements contained in any identification card, including a tribal identification card.
- A person 21 years of age or older who violates the provisions of subsection (1)(b) is, in addition to applicable criminal penalties, subject to civil liability for damages resulting from a tortious act committed by the person to whom the intoxicating substance was sold or provided if the act is judicially determined to be the result of the intoxicated condition created by the violation. (See compiler’s comments for contingent termination of certain text.)
- A person 21 years of age or older who violates the provisions of subsection (1)(b) is, in addition to applicable criminal penalties, subject to civil liability for damages resulting from a tortious act committed by the person to whom the intoxicating substance was sold or provided if the act is judicially determined to be the result of the intoxicated condition created by the violation. (See compiler’s comments for contingent termination of certain text.)
Tobacco and Nicotine Sales
Unlawful sale, purchase, or possession of tobacco
Unlawful sale, purchase, or possession of tobacco, alternative nicotine products, or vapor products; signs required; penalties
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.
Learn how to protect your business from penalties for underage sales
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.
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Publishing Pornography to Minors
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.
Protect your business with digital identity verification
Check Cashing
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.
Explore options to scan, take photos, and store records from IDs simultaneously
Secondhand Goods
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.
Learn how to automatically capture and record information to maintain compliance
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.
Or:
Recommended scanners
Alcohol, Tobacco, and Nicotine Sales.