State guide
Mississippi ID scanning laws
Mississippi does not restrict ID scanning, and every alcohol delivery requires a scan of the recipient's ID.
For bars, restaurants and retailers, the practical questions are when an ID check is required, which products have an ID-based defense and what may be kept after the check.
Reviewed September 27, 2026 ยท 10 primary sources linked
Mississippi at a glance
- Is it legal to scan IDs in Mississippi?
- Yes.Mississippi does not restrict ID scanning, and every alcohol delivery requires a scan of the recipient's ID before handoff.
- Do you have to check IDs in Mississippi, and when?
- It depends on what you sell.Alcohol delivery requires photo ID and a scan every time. Tobacco retailers must demand proof of age from buyers under 21, and vape retailers must check government-issued photo ID for anyone who appears under 27. There is no statewide rule to card every customer at a bar, restaurant or store.
- Which IDs provide protection in Mississippi?
- For beer, light wine and light spirit products, the defense can rely on a Mississippi driver's license or another apparently valid photo ID whose description matches the customer.For liquor and wine, no ID gives a venue a defense.
- Can you keep data from an ID scan in Mississippi?
- Yes.Mississippi sets no general scan-specific field list or retention period. Alcohol delivery is different: the scanning system collects the recipient's name and date of birth, and the applicable rule requires those records to be kept for 12 months.
- What other Mississippi laws reach the data you keep?
- Stored ID numbers can trigger Mississippi's breach-notification law.The state does not currently have a comprehensive consumer privacy law or a separate biometric privacy statute.
- Does scanning give you a defense if you serve a minor in Mississippi?
- A scan does not create the defense, but it can document which ID the customer showed.For beer, light wine and light spirit products, the person who made the sale can have a defense when the customer presented an apparently valid matching ID. Tobacco has a defense when staff asked for and examined photo ID first, while liquor and wine have none.
- Can a customer refuse an ID scan in Mississippi?
- Mississippi does not specifically regulate refusal of a scan or require a manual alternative.For alcohol delivery, however, a recipient who does not complete the ID-verification process cannot receive the order.
What Mississippi venues should know
Is it legal to scan IDs in Mississippi?
Yes. Mississippi allows ID scanning, and alcohol delivery expressly requires an ID scan.
Mississippi has no law about reading the barcode on a driver's license or ID card, and none that limits a venue's use of a scanner. The one place its law mentions scanning is alcohol delivery, where the deliverer must scan the recipient's ID before handing over the order.
The exact wording
Shall possess identification scanning software technology or a state-of-the-art alternative at the point of delivery to verify the recipient is at least twenty-one (21) years of age and to collect the recipient's name and date of birth. Records relating to this verification shall be maintained for at least ninety (90) days and shall be subject to review by the division;
Do you have to check IDs in Mississippi, and when?
It depends on what you sell.
Bars, restaurants and package stores
Mississippi bans selling or serving alcohol to anyone under 21, but there is no statewide rule to card every customer at a bar, restaurant or store.
Alcohol delivery
At every delivery, the recipient must show valid photo ID proving they are 21 or older and sign for the order. The deliverer must first scan the ID with scanning software, and the order goes back to the retailer if the recipient does not provide ID or complete the ID check.
Tobacco
State law requires staff to demand proof of age from tobacco buyers under 21. For an over-the-counter sale to someone under 21, not first asking for and examining the customer's photo ID is conclusive proof of the violation, unless staff knew the customer to be over 21. Each point of sale must also display a sign saying state law prohibits sales to anyone under 21 and proof of age is required.
Vapes and other nicotine products
Retailers must examine a government-issued photo ID from anyone who appears to be under 27. Online and other remote sales must use a third-party age verification service instead.
The exact wording
Any permittee or other person who shall sell, furnish, dispose of, give, or cause to be sold, furnished, disposed of, or given, any alcoholic beverage to any person under the age of twenty-one (21) years shall be guilty of a misdemeanor and shall be punished by a fine of not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00) for a first offense.
Shall require the recipient, at the time of delivery, to provide valid photo identification verifying he or she is at least twenty-one (21) years of age and to sign for the delivery;
Before providing alcohol to the recipient, the deliverer must first utilize scanning software on the recipient's identification to confirm that the recipient is over the age of 21.
The failure of a seller, barterer, deliverer or giver of tobacco products over the counter in a retail establishment to request and examine photographic identification from a person under twenty-one (21) years of age prior to the sale of a tobacco product to such person if the individual is not known to the seller, barterer, deliverer or giver of the tobacco product to be over the age of twenty-one (21) years, shall be construed against the seller, barterer, deliverer or giver and form a conclusive basis for the seller's violation of this section.
Point of sale warning signs are required, and each seller shall place and maintain in legible condition, at each point of sale of tobacco products to consumers, a sign no smaller than eight and one-half (8-1/2) by eleven (11) inches or ninety-three (93) square inches stating: "STATE LAW PROHIBITS THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER THE AGE OF 21 YEARS. PROOF OF AGE REQUIRED."
Before selling, offering for sale, giving or furnishing an alternative nicotine product, or any cartridge, component liquid, capsule or powder thereof, to an individual, a person shall verify that the individual is at least twenty-one (21) years of age by: (a) Examining from any individual that appears to be under twenty-seven (27) years of age a government-issued photographic identification that establishes the individual is at least twenty-one (21) years of age; or
Miss. Code Ann. 67-1-81Miss. Code Ann. 67-1-51.1Miss. Code Ann. 97-32-5Miss. Code Ann. 97-32-51
Which IDs provide protection in Mississippi?
For beer, light wine and light spirit products, Mississippi's defense accepts a Mississippi driver's license or another photo ID, as long as it appears valid and matches the customer.
The defense names two kinds of ID:
- A Mississippi driver's license that appears valid, with a physical description consistent with the customer's appearance
- Any other ID card or document that appears valid, with a picture and a physical description consistent with the customer's appearance
The defense covers beer, light wine and light spirit products only. Mississippi's liquor law, which covers liquor and wine, has no matching defense, so for those drinks no ID gives a venue a defense. For tobacco, the defense needs a government-issued photo ID showing the customer is 21 or older, and vape retailers must check the same kind of ID from anyone who appears under 27.
The exact wording
A person who sells any beer, light spirit product or wine to a person under the age of twenty-one (21) years shall not be guilty of a violation of Section 67-3-53(b) if the person under the age of twenty-one (21) years represents himself to be twenty-one (21) years of age or older by displaying an apparently valid Mississippi driver's license containing a physical description consistent with his appearance or by displaying some other apparently valid identification card or document containing a picture and physical description consistent with his appearance for the purpose of inducing the person to sell beer, light spirit product or wine to him.
"Photographic identification" means any government-issued card that includes a photograph of the person seeking to purchase tobacco products and that is accepted as proof of age under Mississippi law.
Miss. Code Ann. 67-3-69Miss. Code Ann. 97-32-5Miss. Code Ann. 97-32-51
Can you keep data from an ID scan in Mississippi?
Yes. Mississippi gives venues flexibility over scan records, while alcohol delivery has its own required data and retention period.
Mississippi has no law on which details a venue may keep from an ID scan or for how long, so the retention period for scan records is a matter of venue policy. For alcohol delivery, the scanning software must collect the recipient's name and date of birth, and the deliverer must keep that information for 12 months and make it available to the state's alcohol regulator on request.
Mississippi does make it a misdemeanor to display or possess a photograph, photostat, duplicate, reproduction or facsimile of a driver's license unless authorized by law. A parallel rule covers Mississippi ID cards unless the ID card law itself authorizes the copy, and either offense can bring a fine of up to $500, up to 30 days in jail or both.
The exact wording
To display or have in his possession any photograph, photostat, duplicate, reproduction or facsimile of a driver's license unless authorized by law; or
Any person convicted of a violation of paragraph (a), (b), (d) or (e) of subsection (1) of this section shall be guilty of a misdemeanor and shall be punished by a fine of not more than Five Hundred Dollars ($500.00), or by imprisonment for not more than thirty (30) days, or by both such fine and imprisonment.
Display or have in his possession any photograph, photostat, duplicate, reproduction or facsimile of an identification card unless authorized by the provisions of this article.
The software must also collect the recipient's name and date of birth. The deliverer must maintain this information for twelve (12) months and be subject to review by the Division upon request.
Miss. Code Ann. 63-1-60Miss. Code Ann. 45-35-1335 Miss. Code R. 2-02-25-107
What other Mississippi laws reach the data you keep?
Stored ID numbers can bring Mississippi's breach-notification law into play.
A customer's first name or initial and last name, stored with a driver's license, state ID or tribal ID number, is personal information under that law. If it is taken in a security breach, the business must notify affected residents without unreasonable delay, unless an investigation shows the breach is not likely to cause harm. Data secured by encryption is outside the rule, and the Attorney General enforces it.
Mississippi has no comprehensive consumer privacy law and no biometric privacy statute.
The exact wording
A person who conducts business in this state shall disclose any breach of security to all affected individuals.
Notification shall not be required if, after an appropriate investigation, the person reasonably determines that the breach will not likely result in harm to the affected individuals.
Failure to comply with the requirements of this section shall constitute an unfair trade practice and shall be enforced by the Attorney General; however, nothing in this section may be construed to create a private right of action.
Does scanning give you a defense if you serve a minor in Mississippi?
No, but a scan record can help show which ID the customer showed.
Beer, light wine and light spirit products
The person who made the sale is not guilty of an underage sale if the customer claimed to be 21 or older by showing a Mississippi driver's license, or another ID card or document with a picture, that appeared valid and had a physical description consistent with their appearance. The defense does not depend on scanning, but a scan record can help show which ID was shown and when.
Liquor and wine
Mississippi's liquor law has no defense for an underage sale. Selling liquor or wine to anyone under 21 is a misdemeanor, and the state can suspend the permit, or revoke it after repeat offenses within 12 months.
Tobacco
For an over-the-counter sale, it is a complete defense that staff asked for and examined a government-issued photo ID showing the customer was 21 or older before the sale. A scan record can help show which ID was checked and when.
The exact wording
A person who sells any beer, light spirit product or wine to a person under the age of twenty-one (21) years shall not be guilty of a violation of Section 67-3-53(b) if the person under the age of twenty-one (21) years represents himself to be twenty-one (21) years of age or older by displaying an apparently valid Mississippi driver's license containing a physical description consistent with his appearance or by displaying some other apparently valid identification card or document containing a picture and physical description consistent with his appearance for the purpose of inducing the person to sell beer, light spirit product or wine to him.
Any permittee or other person who shall sell, furnish, dispose of, give, or cause to be sold, furnished, disposed of, or given, any alcoholic beverage to any person under the age of twenty-one (21) years shall be guilty of a misdemeanor and shall be punished by a fine of not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00) for a first offense.
It shall be an absolute affirmative defense that the person selling, bartering, delivering or giving tobacco products over the counter in a retail establishment to an individual under twenty-one (21) years of age in violation of this article had requested and examined a government-issued photographic identification from such person establishing his age as at least twenty-one (21) years prior to selling such person a tobacco product.
Miss. Code Ann. 67-3-69Miss. Code Ann. 67-1-81Miss. Code Ann. 97-32-5
Can a customer refuse an ID scan in Mississippi?
Mississippi does not create a specific right to refuse a scan or require a manual alternative.
How a venue handles a guest who does not want their ID scanned is generally a matter of venue policy, subject to other applicable laws. Alcohol delivery is the exception: a recipient who does not provide ID or complete the ID check cannot receive the order, and it goes back to the retailer.
The exact wording
Shall return all alcoholic beverages, beer, light wine or light spirit product to the retailer if the recipient is under the age of twenty-one (21) years, appears intoxicated, fails to provide proof of identification, fails or refuses to sign for delivery, fails to complete the identification verification process or declines to accept delivery, or if any circumstances in the delivery environment indicate illegal conduct, overconsumption of alcohol, or an otherwise unsafe environment for the consumption of alcohol;
Beer, liquor, delivery and tobacco
Beer, light wine and light spirit products
The defense for an underage sale covers these drinks when the customer showed an ID that appeared valid and matched them.
These are the drinks sold under a beer permit: beer up to 8 percent alcohol by weight, light wine up to 5 percent and light spirit products up to 6 percent. There is no statewide rule to card every customer, and the defense turns on the ID the customer showed rather than on how it was checked.
Miss. Code Ann. 67-3-69Liquor and wine
Mississippi's liquor law has no defense for an underage sale.
Mississippi's liquor law covers liquor, wine over 5 percent alcohol by weight and beer over 8 percent. Selling any of them to anyone under 21 is a misdemeanor, with a fine of $500 to $1,000 for a first offense, and the state can suspend the permit or, after repeat offenses on the premises within 12 months, revoke it.
Miss. Code Ann. 67-1-81Alcohol delivery
Every delivery requires a photo ID, a signature and an ID scan.
Deliveries to consumers come only from retailers, either directly or through a delivery service under contract with them. The deliverer scans the recipient's ID, and the software collects the name and date of birth, which the deliverer keeps for 12 months.
35 Miss. Code R. 2-02-25-107Tobacco and vape
Retailers must post a proof-of-age sign, and the tobacco defense requires a photo ID check before the sale.
Retailers must tell each clerk that proof of age must be demanded from buyers under 21, and each clerk signs an agreement to follow the law. For vapes and other nicotine products, photo ID must be examined from anyone who appears to be under 27.
Miss. Code Ann. 97-32-7What this means for your AgeShield setup
These are the AgeShield settings affected by the Mississippi rules above. How you configure them is ultimately a decision for your venue.
- How long visits are kept
- Mississippi sets no retention period for scan data. For alcohol delivery, the recipient's name and date of birth must be kept for 12 months.AgeShield setting: Set your retention period based on your venue's own policy. For records covered by the Mississippi delivery rule, the period is at least 12 months.
- Which ID fields are stored
- Mississippi does not specify which ID fields may be stored. A name stored with a driver's license, state ID or tribal ID number is personal information under the breach-notification law.AgeShield setting: Choose which ID fields are collected and stored. Individual fields can be switched off.
- Photo capture
- Mississippi makes it a misdemeanor to display or possess a photograph, photostat, duplicate, reproduction or facsimile of a driver's license unless authorized by law, and has a similar rule for Mississippi ID cards.AgeShield setting: Auto document crop is not available for venues in Mississippi, and AgeShield does not capture or store ID document images there. Auto face crop and Person photo can be switched on or off by the venue.
- Consent screen
- Mississippi does not require a consent screen for ID scanning.AgeShield setting: Enable the consent screen if your venue chooses to use one as part of its own policy.
- Manual entry
- Mississippi's delivery rule requires the deliverer to scan the recipient's ID. Outside delivery, its ID rules turn on the document shown rather than on how it is read.AgeShield setting: Enable manual entry as a fallback when an ID cannot be scanned, other than for deliveries covered by the Mississippi delivery rule.
- Banned and watch lists
- Mississippi has no law specific to venue banned or watch lists.AgeShield setting: Record behavior-based reasons and notes for Banned and custom list entries.
Common questions
Is it legal to scan IDs at a bar in Mississippi?
Yes. Mississippi does not restrict ID scanning, and every alcohol delivery requires a scan of the recipient's ID.
Do you have to check IDs in Mississippi, and when?
It depends on what you sell. Alcohol delivery requires photo ID and a scan every time. Tobacco retailers must demand proof of age from buyers under 21, and vape retailers must check government-issued photo ID for anyone who appears under 27. There is no statewide rule to card every customer at a bar, restaurant or store.
Which IDs provide protection in Mississippi?
For beer, light wine and light spirit products, the defense can rely on a Mississippi driver's license or another apparently valid photo ID whose description matches the customer. For liquor and wine, no ID gives a venue a defense.
Can you keep data from an ID scan in Mississippi?
Yes. Mississippi sets no general scan-specific field list or retention period. Alcohol delivery is different: the scanning system collects the recipient's name and date of birth, and the applicable rule requires those records to be kept for 12 months.
Does scanning give you a defense if you serve a minor in Mississippi?
A scan does not create the defense, but it can document which ID the customer showed. For beer, light wine and light spirit products, the person who made the sale can have a defense when the customer presented an apparently valid matching ID. Tobacco has a defense when staff asked for and examined photo ID first, while liquor and wine have none.
Can a customer refuse an ID scan in Mississippi?
Mississippi does not specifically regulate refusal of a scan or require a manual alternative. For alcohol delivery, however, a recipient who does not complete the ID-verification process cannot receive the order.
Does Mississippi's underage-sale defense cover liquor?
No. The defense covers beer, light wine and light spirit products. The liquor law, which covers liquor and wine, has no matching defense.
Do alcohol deliveries in Mississippi require an ID scan?
Yes. The deliverer must scan the recipient's ID with scanning software before handing over the order, and the name and date of birth it collects must be kept for 12 months.
Sources
- Miss. Code Ann. 67-1-51.1
- 35 Miss. Code R. 2-02-25-107
- Miss. Code Ann. 67-1-81
- Miss. Code Ann. 97-32-5
- Miss. Code Ann. 97-32-51
- Miss. Code Ann. 67-3-69
- Miss. Code Ann. 63-1-60
- Miss. Code Ann. 45-35-13
- Miss. Code Ann. 75-24-29
- Miss. Code Ann. 97-32-7
This page is for informational purposes only and is not a substitute for professional legal advice. We research each rule and link its source, so you can check it against your own venue. Questions are welcome at support@ageshield.bar.
ID scanning laws in nearby states
Rules change across state lines. Compare the ID-scanning guidance for nearby states.
- State lawState law
Alabama ID scanning laws
Alabama allows ID scanning and requires it in some settings, including specialty vape shop entry. See which IDs count and what scan data may be kept.
- State lawState law
Louisiana ID scanning laws
Louisiana's alcohol law lists six IDs that count as proof of age. See who must check every buyer and what you may keep.
- State lawState law
Tennessee ID scanning laws
Tennessee does not restrict scanning a driver's license. See who must check ID, and how digital licenses are treated differently.
Still unsure how Mississippi applies to your venue?
Tell us what type of venue you run and we'll point you to the published rules we know of that may apply.