Kentucky ID scanning laws

Every retail licensee shall display at all times in a prominent place a printed card at least eight (8) inches by eleven (11) inches in size which shall show, in thirty (30) point or larger type, substantially as follows: Persons under the age of twenty-one (21) are subject to a fine up to one hundred dollars ($100) if they: 1. Enter licensed premises to buy, or have served to them, alcoholic beverages. 2. Possess, purchase or attempt to purchase, or get another to purchase alcoholic beverages. 3. Misrepresent their age for the purpose of purchasing or obtaining alcoholic beverages.

Any person selling tobacco products, alternative nicotine products, or vapor products shall require proof of age from a prospective buyer or recipient if the person has reason to believe that the prospective buyer or recipient is under the age of twenty-one (21).

(i) Except as otherwise provided in paragraph (a)(2)(ii) of this section and in § 1140.16(c)(2)(i), each retailer must verify by means of photographic identification containing the bearer's date of birth that no person purchasing the product is younger than 21 years of age; (ii) No such verification is required for any person over the age of 29;

(a) Any person who sells adult-use cannabinoid products at retail shall require proof of age of the buyer to verify the buyer is age twenty-one (21) years or older; and

Any person delivering alcoholic beverages or cannabis-infused beverages on behalf of a retail package licensee or cannabis-infused beverage retail licensee to an individual consumer shall verify that the recipient is at least twenty-one (21) years of age by requiring the production of a valid identification document as defined in KRS 241.010.

KRS 244.080KRS 244.083KRS 438.31021 CFR 1140.14902 KAR 45:012KRS 218B.110

"Valid identification document" means an unexpired, government-issued form of identification that contains the photograph and date of birth of the individual to whom it is issued;

"Proof of age" means a driver's license or other documentary or written evidence of an individual's age;

That the person presenting the registry identification card or, for visiting qualified patients, the out-of-state registry identification card is at least eighteen (18) years of age and is the person identified on the registry identification card by examining at least one (1) other form of government-issued photo identification; and

KRS 241.010KRS 243.0811KRS 438.305KRS 218B.110

When a business disposes of, other than by storage, any customer's records that are not required to be retained, the business shall take reasonable steps to destroy, or arrange for the destruction of, that portion of the records containing personally identifiable information by shredding, erasing, or otherwise modifying the personal information in those records to make it unreadable or indecipherable through any means.

"Personally identifiable information" means data capable of being associated with a particular customer through one (1) or more identifiers, including but not limited to a customer's name, address, telephone number, electronic mail address, fingerprints, photographs or computerized image, Social Security number, passport number, driver identification number, personal identification card number or code, date of birth, medical information, financial information, tax information, and disability information; and

KRS 365.720KRS 365.725

"Personally identifiable information" means an individual's first name or first initial and last name in combination with any one (1) or more of the following data elements, when the name or data element is not redacted: 1. Social Security number; 2. Driver's license number; or 3. Account number or credit or debit card number, in combination with any required security code, access code, or password to permit access to an individual's financial account.

KRS 367.3611 to 367.3629 apply to persons that conduct business in the Commonwealth or produce products or services that are targeted to residents of the Commonwealth and that during a calendar year control or process personal data of at least: (a) One hundred thousand (100,000) consumers; or (b) Twenty-five thousand (25,000) consumers and derive over fifty percent (50%) of gross revenue from the sale of personal data.

KRS 365.732KRS 367.3613KRS 367.3617KRS 367.3627

A retail licensee, or the licensee's agent, servant, or employee, shall not sell, give away, or deliver any alcoholic beverages or cannabis-infused beverages, or procure or permit any alcoholic beverages or cannabis-infused beverages to be sold, given away, possessed by, or delivered to: (1) A minor, except that in any prosecution for selling alcoholic beverages or cannabis-infused beverages to a minor it shall be an affirmative defense that the sale was induced by the use of false, fraudulent, or altered identification papers or other documents and that the appearance and character of the purchaser were such that the purchaser's age could not have been ascertained by any other means and that the purchaser's appearance and character indicated strongly that the purchaser was of legal age to purchase alcoholic beverages or cannabis-infused beverages.

This evidence may be introduced either in mitigation of the charge or as a defense to the charge itself

A retailer shall have an affirmative defense to a violation of subsection (1) of this section if the sale was induced by the use of false, fraudulent, or altered identification papers or other documents.

KRS 244.080KRS 438.312