Rhode Island

In 2021, Rhode Island passed a law requiring ID scanning for individuals under 27 years of age for the purchase of tobacco or vapor products. This law, known as Rhode Island S 0920, has implications for any business that sells age-restricted products, including hotels that sell alcohol or allow smoking in certain areas.

According to Rhode Island S 0920, before a retailer sells an e-liquid or vapor product to any purchaser, the person selling, offering for sale, giving, or furnishing the e-liquid or vapor product must verify that the purchaser is of legal age. This verification must be done by examining a government-issued photographic identification that establishes the person is of legal age and verifying the identification presented using third-party identification fraud detection software, technology, or scanner that confirms the authenticity of said identification.

This law also applies to any delivery sale by a retailer to a purchaser in this state. In this case, the retailer must perform an age verification through an independent, third-party age verification software, service, or technology that compares information available from public records to the personal information entered by the purchaser during the ordering process that establishes the purchaser is of legal age or older.

Penalties for Minors Using a Fake ID

Rhode Island S 0920 also outlines penalties for minors who use a fake ID to purchase vapor products. If a minor violates this law, they are guilty of a petty offense and the court may impose a sentence of twenty-five hours of community service and a fine of fifty dollars for a first violation. A second violation within twelve months after the first violation is punishable by a fine of seventy-five dollars and fifty hours of community service. A third or subsequent violation within twelve months after the first violation is punishable by a two hundred dollar fine and fifty hours of community service and may result in a suspension of the minor’s driver’s license for a period not to exceed six months.

Affirmative Defense for ID Scanning in Rhode Island

Rhode Island offers an affirmative defense for ID scanning. This means that a retail permit holder or employee accused of selling or distributing e-liquids or vapor products to a person who is a minor can defend themselves by proving that:

1. The purchaser produced a government-issued photographic identification bearing the purchaser’s photograph showing that the purchaser was of legal age to make the purchase and the third-party identification fraud detection scanner technology or software utilized confirmed the authenticity of the purchaser’s identification.
2. The third-party age verification software or technology system used by the retailer confirmed that the purchaser was of above the age of twenty-one.
3. The appearance of the purchaser was such that an ordinary prudent person would believe that the purchaser does not appear to be under twenty-seven years of age.

Implications for the Hotel Industry

For hotels in Rhode Island, these laws mean that any sale of age-restricted products, such as alcohol or tobacco, must be accompanied by a thorough ID check using approved third-party identification fraud detection software, technology, or scanner. This applies to both in-person sales and delivery sales.

Hotels must also be aware of the penalties for minors using a fake ID to purchase age-restricted products and the affirmative defenses available to them in case of an accusation of selling or distributing e-liquids or vapor products to a minor.

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