Utah ID Scanning Laws & Regulations

Can you scan IDs in Utah?

Utah does not have any laws which limit a business’s ability to scan an ID.

Utah requires digital ID scanning for alcohol sales, and for entrance into venues in which alcohol is consumed or sold.

Overview of Utah ID Scanning Laws

Utah law specifically regulates alcohol-serving businesses’ practice of scanning IDs. Otherwise, there is no law generally regulating a business’s practice of scanning IDs.

Dining clubs, social clubs, and taverns are required to verify proof of age, and when they verify it electronically (e.g., scanning, swiping), the technology employed cannot display more than the following information: (a) name, (b) age, (c) ID number, (d) birth date, (e) gender, and (f) status and expiration of ID. Information so collected can be used only for verifying proof of age and cannot be disclosed.

Information collected as above is required to be retained “for seven days” after the scan. It is unclear whether this 7-day window is a minimum or maximum requirement.

Does Utah offer affirmative defense for ID scanning?

Yes

Utah § 32B-1-407. Verification of proof of age by applicable licensees

(3) An authorized person is required to verify proof of age under this section before an individual who appears to be 35 years of age or younger:

(a) gains admittance to the premises of a bar licensee or tavern;
(b) procures an alcoholic product on the premises of a dining club licensee; or
(c) procures an alcoholic product in a dispensing area in the premises of a full-service restaurant licensee, a limited-service restaurant licensee, or a beer-only restaurant licensee.

(4) To comply with Subsection (3), an authorized person shall:

(a) request the individual present proof of age; and

(i) verify the validity of the proof of age electronically under the verification program created in Subsection (5); or

(ii) if the proof of age cannot be electronically verified as provided in Subsection (4)(b)(i), request that the individual comply with a process established by the commission by rule.

(5) The commission shall establish by rule an electronic verification program that includes the following:

(a) the specifications for the technology used by the applicable licensee to electronically verify proof of age, including that the technology display to the person described in Subsection (2) no more than the following for the individual who presents the proof of age:

(i) the name;
(ii) the age;
(iii) the number assigned to the individual’s proof of age by the issuing authority;
(iv) the birth date;
(v) the gender; and
(vi) the status and expiration date of the individual’s proof of age; and

(b) the security measures that shall be used by an applicable licensee to ensure that information obtained under this section is:

(i) used by the applicable licensee only for purposes of verifying proof of age in accordance with this section; and

(ii) retained by the applicable licensee for seven days after the day on which the applicable licensee obtains the information.

(a) An applicable licensee may not disclose information obtained under this section except as provided under this title.

(b) Information obtained under this section is considered a record for any purpose under Chapter 5, Part 3, Retail Licensee Operational Requirements.

Views the DABs ID Scanning guideline document here

Utah Criminal Code. 76-10-115. Unlawful transfer or use of proof of age for tobacco sales

(1) As used in this section:
(a) “Proof of age” means:
(i) a valid identification card issued under Title 53, Chapter 3, Part 8, Identification Card Act;

(ii) a valid identification that:
(A) is substantially similar to an identification card issued under Title 53, Chapter 3, Part 8, Identification Card Act;
(B) is issued in accordance with the laws of a state other than Utah in which the identification is issued;
(C) includes date of birth; and
(D) has a picture affixed;

(iii) a valid driver license certificate that is issued under Title 53, Chapter 3, Uniform Driver License Act, or in accordance with the laws of the state in which the valid driver license is issued;
(iv) a valid United States military identification card that:
(A) includes date of birth; and
(B) has a picture affixed; or
(v) a valid passport.
(b) “Proof of age” does not include a driving privilege card issued in accordance with Section 53-3-207.

(2) An individual is guilty of a class B misdemeanor if the individual knowingly and intentionally transfers that individual’s proof of age to another individual to aid that individual in:
(a) purchasing a tobacco product, an electronic cigarette product, or a nicotine product; or
(b) gaining admittance to any part of the premises of a retail tobacco specialty business.
(3) An individual is guilty of a class A misdemeanor if the individual knowingly and intentionally uses proof of age containing false information with the intent to:
(a) purchase a tobacco product, an electronic cigarette product, or a nicotine product; or
(b) gain admittance to any part of the premises of a retail tobacco specialty business.

(4) Subsections (2) and (3) do not apply to an individual who uses a false identification in accordance with Subsection 77-39-101(4) at the request of a peace officer.

Utah SB152 requires social media companies to verify the age of Utah residents. Users under the age of 18 must obtain parental consent before they open an account. The bill does not explicitly outline how social media companies must verify age, but the legislators who passed the bill referenced working with third party companies on a variety of options that include digital identity verification, facial recognition, or using past browsing history to determine age.

Utah SB287 – Age Verification on Adult Websites

(1) A 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 an individual attempting to access the material.

(2) A 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.

Utah Law. Metal Theft Amendments.

a) A dealer may not purchase suspect metal without obtaining the information under Subsection (3)(b) identifying the owner of the suspect metal.

(b) The owner of the suspect metal shall provide in writing:

(i) the owner’s telephone number;
(ii) the owner’s business or residential address, which may not be a post box;
(iii) a copy of the owner’s driver license; and

Utah Criminal Code. 76-10-2201. Unlawful body piercing and tattooing of a minor

(4) A person is not guilty of Subsection (2) or (3), if the person:
(a) has no actual knowledge of the minor’s age; and
(b) reviews, photocopies, and retains the photocopy of an apparently valid driver license or other government-issued picture identification for the minor that expressly purports that the minor is 18 years of age or older before the person performs the body piercing or tattooing.

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