Nevada

In the hospitality industry, the verification of a guest’s identity is crucial for various reasons, ranging from security to legal compliance. In Nevada, the laws surrounding the scanning and retention of identification (ID) information are particularly relevant for hotels, especially those that sell age-restricted items such as alcohol.

ID Scanning in Nevada: The Basics

In Nevada, businesses, including hotels, are generally allowed to scan IDs and retain the information obtained from the scan. This practice is subject to applicable privacy laws. In some instances, such as the purchase of cannabis products, ID scanning is mandatory. Starting from January 1, 2023, digital ID scanning will also be required for the purchase of tobacco products as per law AB360.

Legal Age and Restrictions

The legal age for purchasing tobacco and vaping products in Nevada is 21. Starting from March 2022, ID scanning will be required for in-store and online purchases of these products. The legal age for purchasing alcohol and cannabis is also 21, with ID scanning required for cannabis purchases. For gaming and casinos, the legal age is 21.

Nevada’s ID Scanning Laws: An Overview

Nevada Revised Statute (NRS) 202.040 provides penalties for persons under 21 years of age who falsely represent themselves to be 21 or older to obtain any intoxicating liquor. Violation of this law is a misdemeanor and can result in community service, attendance at a live meeting, or undergoing an evaluation.

Nevada Cannabis Control Board’s LCB File No. 92-17 mandates that before a marijuana establishment agent sells marijuana or marijuana products to a consumer, the agent must verify the consumer’s age by checking a government-issued identification card using an approved identification scanner. The agent must also enter certain information into the inventory control system.

Nevada Law AB360, effective from January 1, 2023, mandates that a person must not sell, distribute, or offer to sell cigarettes, cigarette paper, or other tobacco products to any person under 40 years of age without first performing age verification through enhanced controls that utilize a scanning technology or other automated, software-based system.

Implications for Hotels

For hotels in Nevada, these laws mean that they can scan IDs and retain the information obtained from the scan for various purposes. These include verifying a customer’s age, establishing a customer’s identity, confirming a customer’s license status to operate a vehicle, and disclosing such information to another business for verifying a check payment, evaluating creditworthiness, detecting or reducing the risk of fraud, abuse, identity theft or other crimes, collection activities, or confirming that a customer has met the motor vehicle financial responsibility requirements. Hotels can also disclose such information to the department of transportation, insurance licensees, notaries, financial institutions if permitted by federal law, or law enforcement agencies.

However, it’s important to note that while hotels can scan IDs, they must comply with applicable privacy laws and cannot use the information obtained for any marketing or sales purpose. Violation of these laws can result in severe penalties.

Please note that this information is intended to provide a general overview and does not constitute legal advice. Always consult with a legal professional for advice specific to your situation