![]() If a merchant inadvertently sells to a minor who provides his/her older sibling’s/friend’s drivers license and the photo looks like the person presenting the ID, then with the transaction record stored in an ID Scanner, a merchant would be able to claim an Affirmative Defense. ![]() The most common form of ID in the hands of a minor is a borrowed ID. An ID Scanner reads the data stored on the magnetic stripe and/or 2D barcode of an ID, calculates the age, warns if under age and then records transaction data which is how a merchant can prove an ID Scanner was used during the sale of alcohol. In the section of NY ABC law provided below, section 7 provides merchants with an affirmative defense when properly using an ID Scanner during the sale of alcohol to a minor. NY state Alcohol Beverage Control law providing affirmative defense protection to merchants using an ID Scanner when selling to a minor. Affirmative Defense for Alcohol Sales in NY to a Minor when using an ID Scanner.
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