§ 32B-1-407 — Verification of proof of age by applicable licensees.

(1) As used in this section, "applicable licensee" means:
(1)(a) a dining club;
(1)(b) a bar;
(1)(c) a tavern;
(1)(d) a full-service restaurant;
(1)(e) a limited-service restaurant;
(1)(f) a beer-only restaurant; or
(1)(g) an off-premise beer retailer selling, offering for sale, or furnishing beer as described in Subsection 32B-7-202(8).
(2) Notwithstanding any other provision of this part, an applicable licensee shall require that an authorized person for the applicable licensee verify proof of age as provided in this section.
(3) An authorized person is required to verify proof of age under this section before an individual:
(3)(a) gains admittance to the premises of a bar licensee or tavern;
(3)(b) procures an alcoholic product on the premises of a dining club licensee; or
(3)(c) procures an alcoholic product in a dispensing area in the premises of a full-service restaurant licensee, a limited-service restaurant licensee, or a beer-only restaurant licensee.
(4) To comply with Subsection (3), an authorized person shall:
(4)(a) request the individual present proof of age; and
(4)(b) (4)(b)(i) verify the validity of the proof of age electronically under the verification program created in Subsection (5); or
(4)(b)(ii) if the proof of age cannot be electronically verified as provided in Subsection (4)(b)(i), request that the individual comply with a process established by the commission by rule.
(5) (5)(a) The commission shall establish by rule an electronic verification program that includes the following:
(5)(a)(i) the specifications for the technology used by the applicable licensee to electronically verify proof of age, including that the technology display to the person described in Subsection (2) no more than the following for the individual who presents the proof of age:
(5)(a)(i)(A) the name;
(5)(a)(i)(B) the age;
(5)(a)(i)(C) the number assigned to the individual's proof of age by the issuing authority;
(5)(a)(i)(D) the birth date;
(5)(a)(i)(E) the gender; and
(5)(a)(i)(F) the status and expiration date of the individual's proof of age; and
(5)(a)(ii) the security measures that shall be used by an applicable licensee to ensure that information obtained under this section is:
(5)(a)(ii)(A) used by the applicable licensee only for purposes of verifying proof of age in accordance with this section; and
(5)(a)(ii)(B) retained by the applicable licensee for seven days after the day on which the applicable licensee obtains the information.
(5)(b) The commission shall ensure that the electronic verification program described in Subsection (5)(a) includes technology that recognizes every state's unique hidden security features located on state issued identification cards to determine the validity of that particular card.
(6) (6)(a) An applicable licensee may not disclose information obtained under this section except as provided under this title.
(6)(b) Information obtained under this section is considered a record for any purpose under Chapter 5, Part 3, Retail Licensee Operational Requirements.

Legislative History

Amended by Chapter 471, 2025 General Session