Can you scan IDs in Vermont?
Vermont 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 ID Scanning Laws in Vermont
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 Vermont offer affirmative defense for ID scanning?
§ 658. Sale or furnishing to minors; enabling consumption by minors; minors causing death or serious bodily injury
(a) A person shall not:
(1) sell or furnish alcoholic beverages to a person under 21 years of age; or
(2) knowingly enable the consumption of alcoholic beverages by a person under 21 years of age.
(b) As used in this section, “enable the consumption of alcoholic beverages” means creating a direct and immediate opportunity for a person to consume alcoholic beverages.
(c) A person who violates subsection (a) of this section shall be fined not less than $500.00 nor more than $2,000.00 or imprisoned not more than two years, or both. However, an employee of a licensee or an employee of a State liquor agency, who in the course of employment violates subdivision (a)(1) of this section:
(1) during a compliance check conducted by a law enforcement officer as defined in 20 V.S.A. § 2358:
(A) shall be assessed a civil penalty of not more than $100.00 for the first violation and a civil penalty of not less than $100.00 nor more than $1,000.00 for a second violation that occurs more than one year after the first violation; and
(B) shall be subject to the criminal penalties provided in this subsection (c) for a second violation within a year of the first violation, and for a third or subsequent violation within three years of the first violation.
(2) may plead as an affirmative defense that:
(A) the purchaser exhibited and the employee carefully viewed photographic identification that complied with section 589 of this title and indicated the purchaser to be 21 years of age or older;
(B) an ordinary prudent person would believe the purchaser to be of legal age to make the purchase; and
(C) the sale was made in good faith, based upon the reasonable belief that the purchaser was of legal age to purchase alcoholic beverages.
(b) A scrap metal processor may purchase nonferrous scrap, metal articles, proprietary articles, and railroad scrap only if the scrap metal processor complies with all the following procedures:
(1) At the time of sale, the processor:
(A) requires the seller to provide a current government-issued photographic identification that indicates the seller’s full name, current address, and date of birth, and records in a permanent ledger the identification information of the seller, the time and date of the transaction, the license number of the seller’s vehicle, and a description of the items received from the seller; and
(2)(A) Prior to completing a sale under subsection (b) of this section, a retail establishment shall require the person purchasing the drug product to present a current, valid, government-issued identification document. The retail establishment shall record in the electronic registry system:
(i) the name and address of the purchaser;
(ii) the name of the drug product and quantity of ephedrine, pseudoephedrine, and phenylpropanolamine base sold in grams;
(iii) the date and time of purchase;
(iv) the form of identification presented, the issuing government entity, and the corresponding identification number; and