Oklahoma

Affirmative Defense for ID Scanning in Oklahoma

Oklahoma law provides an affirmative defense for businesses that scan IDs during the sale of tobacco. However, there is no mention of an affirmative defense for alcohol sales. This means that businesses selling alcohol or tobacco may use evidence of having scanned IDs to establish a defense to a charge of unlawful sale.

Oklahoma House Bill 1707: Alcoholic Beverage Delivery

This bill requires delivery service licensees to possess identification scanning software technology or a state-of-the-art alternative at the point of delivery to authenticate that the recipient is at least 21 years of age and collect the recipient’s name and date of birth to deliver alcoholic beverages from a store. During delivery, the driver shall obtain from the consumer a confirmation that they are at least twenty-one (21) years of age at the time the order is placed. The driver shall also require the recipient to provide valid photo identification verifying the age and sign for the delivery.

Oklahoma House Bill 2090

This bill also references the proposal mentioned in House Bill 1707.

Oklahoma Statutes: Sale, Barter or Gift to Person Under 21 Years of Age

According to Oklahoma Statutes §37-241, it is unlawful for any person to sell, barter, or give to any person under twenty-one (21) years of age any low-point beer. It is also unlawful for any person who holds a license to sell and dispense low-point beer for consumption on the premises, or any agent, servant, or employee of said license holder, to permit any person under twenty-one (21) years of age to be admitted to or remain in a separate or enclosed bar area of the licensed premises, which has as its main purpose the selling or serving of low-point beer for consumption on the premises.

Oklahoma Bill HB 1540: Alcoholic Beverages; Licensing and Permitting

With regard to direct wine shipments permitted by this section, Direct Wine Shipper permit holders shall require the consumer to verify, by electronic means or otherwise, that the consumer is at least twenty-one (21) years of age.

Conclusion

Understanding the laws and regulations surrounding ID scanning in Oklahoma is crucial for businesses, especially those in the hospitality industry. By staying informed and compliant, businesses can ensure they operate within the law while providing the best service to their customers.

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