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AgeShield

State guide

Nebraska ID scanning laws

Nebraska expressly allows retailers to scan a driver's license or state ID card for an alcohol, tobacco or lottery sale, but they may store only the customer's age and ID number.

For bars, restaurants and retailers, the practical questions are what a retailer may keep from a scan, what sign must be posted, when identification is required, which IDs count and how Nebraska's alcohol defense works.

Reviewed September 29, 2026 ยท 23 primary sources linked

Nebraska at a glance

Is it legal to scan IDs in Nebraska?
Yes.Nebraska expressly allows alcohol, tobacco and lottery retailers to scan a driver's license or state ID card presented for a sale. A retailer that scans must post the required point-of-sale sign and follow the state's limits on storage and use.
Do you have to check IDs in Nebraska, and when?
It depends on what you sell.Nebraska does not require every alcohol customer to be carded, but keg sales to go require an ID record and alcohol deliveries may not go to anyone under 21. Federal law requires tobacco and vape retailers to check photo ID for buyers under 30, and lottery tickets may not be sold to anyone under 19.
Which IDs provide protection in Nebraska?
For alcohol, Nebraska uses a closed list of six: a valid driver's license, state ID card, military ID card, alien registration card, passport or qualifying tribal enrollment card.
Can you keep data from an ID scan in Nebraska?
Only the customer's age and license or ID card number may be stored from a covered scan, generally for no more than 18 months.The stored information may be used only by law enforcement and may not be shared or used for marketing. Knowingly storing more is a felony.
What other Nebraska laws reach the data you keep?
Stored ID numbers can trigger Nebraska's breach-notification law.The Nebraska Data Privacy Act also applies to businesses that are not small businesses under the federal Small Business Act, subject to the act's exemptions and special rule for small businesses selling sensitive data.
Does scanning give you a defense if you serve a minor in Nebraska?
A scan does not create the alcohol defense, but it can help staff check the ID the customer presents.Nebraska's absolute defense depends on the customer's written age claim, supporting documents, an appearance matching the ID and staff's good-faith reliance on all of them.
Can a customer refuse an ID scan in Nebraska?
Nebraska does not specifically regulate refusal of a scan or require a manual alternative.A retailer that scans must post a sign saying the ID will be scanned and that age and ID number will be stored.
Continue reading the Nebraska guide

What Nebraska venues should know

Do you have to check IDs in Nebraska, and when?

It depends on what you sell.

Alcohol

Nebraska prohibits selling or giving alcohol to anyone under 21, but it does not require every customer to be carded. Every retail licensee must display the state's printed warning card, which warns customers under 21 and adults who buy alcohol for them of the penalties and tells keg buyers that proper ID and their signature are required.

When a store sells a keg of five gallons or more to go, it must record the date, the keg's number, the buyer's name, address and signature and the number of their driver's license, state ID card, tribal enrollment card or military ID with a photo, on the state's form. The store keeps the record for at least six months, and law enforcement may inspect it. A retail licensee that delivers alcohol must first verify that neither the sale nor the delivery is to anyone under 21.

Tobacco and vape

Nebraska prohibits selling tobacco, vapes or other nicotine products to anyone under 21, and since July 1, 2025 the same rule covers kratom. State law sets no ID-check rule, but federal law requires retailers to check photo ID for any buyer under 30.

Lottery

No lottery ticket may be sold to anyone under 19. A lottery retailer or employee who knowingly sells one to someone under 19 commits a misdemeanor.

Neb. Rev. Stat. 53-180Neb. Rev. Stat. 53-180.04Neb. Rev. Stat. 53-167.02237 NAC 6, 019.01PNeb. Rev. Stat. 28-1419Neb. Rev. Stat. 71-380321 CFR 1140.14Neb. Rev. Stat. 9-810
The exact wording

No person shall sell, furnish, give away, exchange, or deliver, or permit the sale, gift, or procuring of, any alcoholic liquors to or for any minor or to any person who is mentally incompetent.

When any person licensed to sell alcoholic liquor at retail sells alcohol for consumption off the premises in a container with a liquid capacity of five or more gallons or eighteen and ninety-two hundredths or more liters, the seller shall record the date of the sale, the keg identification number, the purchaser's name and address, and the number of the purchaser's motor vehicle operator's license, state identification card, tribal enrollment card as defined in section 28-1202.03, or military identification, if such military identification contains a picture of the purchaser, together with the purchaser's signature. Such record shall be on a form prescribed by the commission and shall be kept by the licensee at the retail establishment where the purchase was made for not less than six months.

Whoever shall sell, give, or furnish, in any way, any tobacco in any form whatever, or any cigars, cigarettes, cigarette paper, electronic nicotine delivery systems, or alternative nicotine products, to any person under twenty-one years of age, is guilty of a Class III misdemeanor for each offense.

No person shall sell, offer for sale, provide, or distribute a kratom product to a person under twenty-one years of age.

A person under nineteen years of age shall not purchase a lottery ticket. No lottery ticket shall be sold to any person under nineteen years of age.

Neb. Rev. Stat. 53-180Neb. Rev. Stat. 53-180.04Neb. Rev. Stat. 53-167.02237 NAC 6, 019.01PNeb. Rev. Stat. 28-1419Neb. Rev. Stat. 71-380321 CFR 1140.14Neb. Rev. Stat. 9-810

Which IDs provide protection in Nebraska?

Nebraska's alcohol law uses a closed six-document list for proof of age.

To prove their age to buy or drink alcohol, a customer may show only one of these, and it must be valid:

  • A driver's license
  • A state ID card
  • A military ID card
  • An alien registration card
  • A passport
  • A tribal enrollment card issued by a tribe recognized by a state or the federal government, with the holder's photo and date of birth

The alcohol defense also turns on the ID the customer showed and whether their appearance matched it. Nebraska's tobacco and lottery laws name no ID, and federal law requires a photo ID with a date of birth for tobacco and vape buyers under 30.

Neb. Rev. Stat. 53-180.06Neb. Rev. Stat. 28-1202.0321 CFR 1140.14
The exact wording

To establish proof of age for the purpose of purchasing or consuming alcoholic liquor, a person shall present or display only a valid driver's or operator's license, state identification card, military identification card, alien registration card, passport, or tribal enrollment card as defined in section 28-1202.03.

Neb. Rev. Stat. 53-180.06Neb. Rev. Stat. 28-1202.0321 CFR 1140.14

Can you keep data from an ID scan in Nebraska?

Only age and ID number may be stored, generally for up to 18 months.

Nebraska's scanning permission lets a retailer store only two details from a driver's license or state ID card: the customer's age and the license or card number. The software a retailer uses must store only those details, and knowingly storing more is a felony. The Liquor Control Commission's guidance says names, dates of birth, addresses and physical descriptions may not be stored.

The stored details may be kept for no more than 18 months, unless state or federal law requires them to be kept longer. They may not be shared with anyone else and may be used only by a law enforcement agency to enforce the limits on buying alcohol, lottery tickets and tobacco. Nebraska also bars using them for marketing or sales by anyone, including the retailer that collected them.

Neb. Rev. Stat. 60-4,111.01Liquor Control Commission guidance
The exact wording

The retailer may store only the following information obtained from the license or card: Age and license or card identification number.

The stored information may only be used by a law enforcement agency for purposes of enforcement of the restrictions on the purchase of alcohol, lottery tickets, and tobacco products and may not be shared with any other person or entity.

The retailer or seller shall utilize software that stores only the information allowed by this subsection.

A retailer or seller who knowingly stores more information than authorized under this subsection from the operator's license or state identification card shall be guilty of a Class IV felony.

Information scanned, compiled, stored, or preserved pursuant to subdivision (a) of this subsection may not be retained longer than eighteen months unless required by state or federal law.

Except as provided in subdivision (4)(a) of this section, information scanned, compiled, stored, or preserved pursuant to this section may not be traded or sold to or shared with a third party; used for any marketing or sales purpose by any person, including the retailer who obtained the information; or, unless pursuant to a court order, reported to or shared with any third party. A person who violates this subsection shall be guilty of a Class IV felony.

Neb. Rev. Stat. 60-4,111.01Liquor Control Commission guidance

What other Nebraska laws reach the data you keep?

Stored ID numbers can trigger Nebraska's breach-notification law, and larger businesses can also fall under the Data Privacy Act.

A customer's first name or initial and last name kept with their driver's license or state ID card number is personal information under Nebraska's breach law, unless both the name and the number are encrypted, redacted or otherwise made unreadable. A business that learns of a breach of that data in its computer systems must promptly investigate and, where misuse has occurred or is reasonably likely, notify the affected Nebraska residents and the Attorney General.

Nebraska's Data Privacy Act has applied since January 1, 2025 to businesses that process personal data and are not small businesses under the federal Small Business Act. Nonprofits are exempt. A covered business must limit what it collects to what is adequate, relevant and reasonably necessary for the purposes it discloses, and needs consent to process sensitive data, which includes data revealing racial or ethnic origin and biometric data used to identify a person.

Small businesses are outside the act except for one rule: they may not sell sensitive data without the consumer's prior consent. The Attorney General enforces the act, and it gives customers no right to sue.

Neb. Rev. Stat. 87-802Neb. Rev. Stat. 87-803Neb. Rev. Stat. 87-1103Neb. Rev. Stat. 87-1112Neb. Rev. Stat. 87-1125
The exact wording

If the investigation determines that the use of information about a Nebraska resident for an unauthorized purpose has occurred or is reasonably likely to occur, the individual or commercial entity shall give notice to the affected Nebraska resident.

A person described by subdivision (1)(c) of section 87-1103 shall not engage in the sale of personal data that is sensitive data without receiving prior consent from the consumer.

The Data Privacy Act shall not be construed as providing a basis for, or being subject to, a private right of action for a violation of the Data Privacy Act or any other law.

Neb. Rev. Stat. 87-802Neb. Rev. Stat. 87-803Neb. Rev. Stat. 87-1103Neb. Rev. Stat. 87-1112Neb. Rev. Stat. 87-1125

Does scanning give you a defense if you serve a minor in Nebraska?

No, but a scan can help staff check the ID a customer shows. Nebraska's alcohol defense rests on the customer's written claim of age, the ID they showed, their appearance and staff's good faith.

Alcohol

A licensee charged with selling alcohol to a minor, in a prosecution or any other proceeding, has an absolute defense when three things are proved. The customer falsely claimed in writing to be 21 or older and backed the claim with other documentary proof, and their appearance was such that a reasonable person would believe it matched the description in the ID they showed. Staff acted in good faith, relying on the written claim, the documents and the customer's appearance, in the belief that the customer was 21 or older.

The defense does not mention scanning. A scan can help staff read the date of birth and expiration date on the ID a customer shows, but information a retailer stores from a scan may be used only by law enforcement.

Nebraska's alcohol law lets every retail licensee keep a proof-of-age book signed by the customer. The Liquor Control Commission publishes it as an identification register, in which the customer also certifies that the ID was lawfully issued to them, is genuine and unaltered and shows their real date of birth.

Tobacco and lottery

Nebraska's tobacco and lottery laws give no defense based on the ID a customer showed.

Neb. Rev. Stat. 53-180.07Neb. Rev. Stat. 53-180.06Liquor Control Commission identification register
The exact wording

In any prosecution of or any proceeding against any licensee charged with having made a sale to a minor, proof of the following shall be an absolute defense to the charge: (1)(a) The purchaser falsely represented in writing and supported with other documentary proof that he or she was of legal age to purchase alcoholic liquor; (b) The appearance of such purchaser was such that an ordinary and prudent person would believe that such appearance conformed to any documentary description of appearance presented by the purchaser; and (c) The seller was acting in good faith, in reliance upon the written representation, other documentary evidence, and the appearance of the purchaser, and in the belief the purchaser was of legal age to make such purchase; or (2) The seller was acting with the knowledge of and in cooperation with a duly authorized law enforcement officer.

Every holder of a retail license may maintain, in a separate book, a record of each person who has furnished documentary proof of age for the purpose of making any purchase of alcoholic liquor. The record shall show the name and address of the purchaser, the date of the purchase, and a description of the identification used and shall be signed by the purchaser.

Neb. Rev. Stat. 53-180.07Neb. Rev. Stat. 53-180.06Liquor Control Commission identification register

Can a customer refuse an ID scan in Nebraska?

Nebraska does not create a specific right to refuse a scan or require a manual alternative.

How a venue handles a customer who does not want an ID scanned is generally a matter of venue policy. Where a retailer scans under Nebraska's permission, the sign at the point of sale tells customers that the license or card will be scanned and that the age and ID number will be stored. To prove their age for alcohol, a customer must show one of the six IDs Nebraska's alcohol law lists.

Refusals of service remain subject to Nebraska's public-accommodation law, which bars refusing or withholding service on the basis of military or veteran status, race, creed, color, sex, religion, national origin, disability or ancestry.

Neb. Rev. Stat. 20-134Neb. Rev. Stat. 53-180.06
The exact wording

Any person who directly or indirectly refuses, withholds from, denies, or attempts to refuse, withhold, or deny, to any other person any of the accommodations, advantages, facilities, services, or privileges, or who segregates any person in a place of public accommodation on the basis of race, creed, color, sex, religion, national origin, disability, ancestry, or military or veteran status, shall be guilty of discriminatory practice and shall be subject to the penalties of sections 20-132 to 20-143.

Neb. Rev. Stat. 20-134Neb. Rev. Stat. 53-180.06

Alcohol, tobacco and lottery

Bars, restaurants and liquor stores

Selling alcohol to anyone under 21 is a misdemeanor, and every retail licensee displays the state's warning card.

The card must be at least 20 by 14 inches. It warns customers under 21 of fines and jail for buying, trying to buy, drinking or having alcohol there, warns adults against buying alcohol for them and tells keg buyers that proper ID and their signature are required.

Neb. Rev. Stat. 53-180.04

Tobacco and vape

Selling tobacco, vape or other nicotine products to anyone under 21 is a misdemeanor.

For a licensed retailer, the court hearing the case may also revoke the tobacco license, and an officer, director or manager of a corporate licensee who knew of the violation faces the same penalty. Federal law requires retailers to check photo ID for any buyer under 30.

Neb. Rev. Stat. 28-1425

Lottery

Lottery tickets may not be sold to anyone under 19.

A lottery retailer or employee who knowingly sells a ticket to someone under 19 commits a misdemeanor. The scanning permission and its two-detail limit apply to lottery sales in the same way as to alcohol and tobacco.

Neb. Rev. Stat. 9-814

What this means for your AgeShield setup

These are the AgeShield settings affected by the Nebraska rules above. How you configure them is ultimately a decision for your venue.

How long visits are kept
Nebraska allows a retailer to keep the age and ID number stored from a scan for no more than 18 months, unless state or federal law requires them to be kept longer.AgeShield setting: Choose how long visits are kept. Which ID fields are stored with them is a separate setting.
Which ID fields are stored
A retailer may store only two details from a scanned driver's license or state ID card: the customer's age and the license or card number. The Liquor Control Commission's guidance says names, dates of birth, addresses and physical descriptions may not be stored, and knowingly storing more than the two details is a felony.AgeShield setting: Choose which ID fields are stored. Each field can be switched off.
Manual entry
No Nebraska law requires a venue to scan. Nebraska's general rule covers the machine-readable information encoded on a license or state ID card, and a retailer that scans may store only the age and ID number obtained from the license or card.AgeShield setting: Manual entry is available for staff to type details from the printed card.
Banned and watch lists
Information a retailer stores from a scan may be used only by a law enforcement agency to enforce the limits on buying alcohol, lottery tickets and tobacco. Refusals of service are also subject to Nebraska's public-accommodation law.AgeShield setting: Under How An Entry Is Added, By Hand Only means no list can be applied to a guest who came from a scan. Staff create the guest by hand first.
Sharing across venues
Information a retailer stores from a scan may not be shared with any other person or entity, and Nebraska prohibits using it for marketing or sales.AgeShield setting: Choose whether each list is shared across your venues.
Consent screen
Nebraska's scanning law has no exception for a customer's consent. Its Data Privacy Act requires businesses above the federal small-business size to get consent before processing sensitive data, such as biometric data used to identify a person.AgeShield setting: The consent screen is available if your venue uses one as part of its own policy.

Common questions

Is it legal to scan IDs at a bar in Nebraska?

Yes. Nebraska expressly allows a retailer that sells alcohol, tobacco or lottery tickets under a license or contract to scan a driver's license or state ID card presented for a sale. It may keep only the customer's age and ID number, for up to 18 months, and must post a sign at the point of sale.

Do you have to check IDs in Nebraska, and when?

It depends on what you sell. Nebraska does not require every alcohol customer to be carded, but keg sales to go require an ID record and alcohol deliveries may not go to anyone under 21. Federal law requires tobacco and vape retailers to check photo ID for buyers under 30, and lottery tickets may not be sold to anyone under 19.

What sign does Nebraska require when IDs are scanned?

A retailer that scans under Nebraska's permission must post a sign at the point of sale stating that the license or card will be scanned and that the age and ID number will be stored.

Which IDs count as proof of age in Nebraska?

Nebraska's alcohol law lists six, and a customer may show only one of them: a valid driver's license, state ID card, military ID card, alien registration card, passport or tribal enrollment card with the holder's photo and date of birth.

Can you keep data from an ID scan in Nebraska?

Only the customer's age and license or ID card number may be stored from a covered scan, generally for no more than 18 months. The stored information may be used only by law enforcement and may not be shared or used for marketing. Knowingly storing more is a felony.

Can a bar use an ID scan to check a banned list in Nebraska?

Nebraska's scanning law says information a retailer stores from a scan may not be shared with any other person or entity and may be used only by a law enforcement agency to enforce the limits on buying alcohol, lottery tickets and tobacco. It names no other use.

What is Nebraska's proof-of-age book?

Nebraska's alcohol law lets every retail licensee keep a separate book recording each customer who showed proof of age to buy alcohol, with the customer's name and address, the date and a description of the ID used, signed by the customer. The Liquor Control Commission publishes it as an identification register, in which the customer also certifies that the ID is theirs, genuine and unaltered.

Does scanning give you a defense if you serve a minor in Nebraska?

A scan does not create the alcohol defense, but it can help staff check the ID the customer presents. Nebraska's absolute defense depends on the customer's written age claim, supporting documents, an appearance matching the ID to a reasonable person and staff's good-faith reliance on all of them.

Can a customer refuse an ID scan in Nebraska?

Nebraska does not specifically regulate refusal of a scan or require a manual alternative. A retailer that scans must post a sign saying the ID will be scanned and that age and ID number will be stored.

Sources

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.

All state ID scanning guides

ID scanning laws in nearby states

Rules change across state lines. Compare the ID-scanning guidance for nearby states.

View all state guides

Still unsure how Nebraska 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.

AgeShield is not currently available for use in Nebraska.

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For informational purposes only and not a substitute for professional legal advice. Every point links the rule it came from.