State guide
New York ID scanning laws
New York allows ID scanning for alcohol sales and admission to 21+ venues, but limits what information can be recorded and how it may be used.
For bars, restaurants, dispensaries and retailers, the key questions are when an ID may be scanned, which information can be kept afterwards and what legal protection a successful scan actually provides.
Reviewed September 18, 2026 ยท 7 primary sources linked
New York at a glance
- Is it legal to scan IDs in New York?
- Yes.New York allows ID scanning for alcohol sales and for admission to venues restricted to people 21 and older.
- Do you have to check IDs in New York, and when?
- New York does not require scanning.If a venue chooses to scan, the result must still match the physical ID and the person presenting it.
- Which IDs provide protection in New York?
- New York recognizes a broad range of government-issued identification.This includes IDs from other states and Canadian provinces, passports and US military identification.
- Can you keep data from an ID scan in New York?
- Yes, but only four fields may be recorded from the scan.New York does not set a specific retention period, but it limits how the information may be used and shared.
- What other New York laws reach the data you keep?
- New York data-security rules can apply to stored ID information.A name kept together with a driver's license or non-driver ID number is treated as private information.
- Does scanning give you a defense if you serve a minor in New York?
- Yes, but only in proceedings involving your alcohol license.The scan-based defense does not extend to other criminal or civil proceedings.
- Can a customer refuse an ID scan in New York?
- New York does not specifically address refusal of a physical ID scan.Mobile IDs are different: a venue cannot require the New York Mobile ID, and the customer approves each request.
What New York venues should know
Is it legal to scan IDs in New York?
Yes. New York expressly allows scanning for alcohol sales and admission to 21+ venues.
An alcohol licensee may scan an ID as part of verifying age for a sale. The same law also covers scanning at the entrance of a venue where admission is restricted to people 21 and older.
That means a door scan at a 21+ bar or club falls within New York's ID-scanning rules. The same restrictions on what may be recorded, how the information may be used and who it may be shared with apply to those scans.
The exact wording
'Transaction scan' means the process involving a device capable of deciphering any electronically readable format by which a licensee ... reviews a driver's license or non-driver identification card presented as a precondition for the purchase of an alcoholic beverage ... or as a precondition for admission to an establishment licensed for the on-premises sale of alcoholic beverages where admission is restricted to persons twenty-one years or older.
Do you have to check IDs in New York, and when?
New York does not require ID scanning.
Selling alcohol to someone under 21 is prohibited, but the law does not require every licensee to use a scanner. If a venue chooses to scan an ID, the scanner does not replace the ordinary ID check.
The sale must be refused if:
- The scanned information does not match the information printed on the ID
- The scan indicates that the information on the credential is false
Venues are still expected to look at the identification and the person presenting it rather than relying on the electronic result alone.
The exact wording
In instances where the information deciphered by the transaction scan fails to match the information printed on the driver's license or non-driver identification card presented by the card holder, or if the transaction scan indicates that the information is false or fraudulent, the attempted purchase of the alcoholic beverage shall be denied.
Which IDs provide protection in New York?
New York recognizes a broad range of government-issued credentials.
For alcohol age verification, accepted identification can include:
- New York driver's licenses and non-driver IDs
- Licenses and identification issued by other US states
- Identification issued by US territories or the District of Columbia
- Qualifying identification from Canadian provinces
- US and foreign passports
- US military identification
Credentials with a barcode or magnetic strip may also be scanned where the law permits. New York's Mobile ID can be used for alcohol sales and admission as well, but neither the venue nor the customer is required to use it.
The exact wording
if such documents include a bar code or magnetic strip that that may be scanned by a device capable of deciphering any electronically readable format.
Can you keep data from an ID scan in New York?
Yes, but New York limits what may be recorded from the scan.
The statute allows four pieces of information to be recorded:
- Name
- Date of birth
- Driver's license or non-driver ID number
- Expiration date
New York does not currently set a specific minimum or maximum retention period for those records. Instead, the important limits are on use and sharing.
Information recorded from the scan may only be used for the purposes allowed by the statute and may not be sold or provided to a third party. Violations can carry a civil penalty of up to $1,000 each.
The exact wording
A licensee or agent or employee of a licensee may electronically or mechanically record and maintain only the information from a transaction scan necessary to effectuate the purposes of this section. Such information shall be limited to the following: (i) name, (ii) date of birth, (iii) driver's license or non-driver identification number, and (iv) expiration date.
No licensee or agent or employee of a licensee shall resell or disseminate the information recorded during such scan to any third person. Such prohibited resale or dissemination includes, but is not limited to, any advertising, marketing or promotional activities. Notwithstanding the restrictions imposed by this subdivision, such records may be released pursuant to a court ordered subpoena or pursuant to any other statute that specifically authorizes the release of such information.
What other New York laws reach the data you keep?
New York's data-security rules can also apply to stored ID information.
A person's name combined with a driver's license or non-driver ID number can qualify as private information under New York law.
Businesses holding that information can therefore have obligations around:
- Reasonable data-security safeguards
- Protecting stored customer information
- Secure disposal of information that is no longer needed
- Responding to qualifying data breaches
So even though the ID-scanning statute does not set a fixed retention period, other New York rules still affect how retained data should be protected. New York does not currently have a general private-sector biometric consent law comparable to Illinois BIPA.
Does scanning give you a defense if you serve a minor in New York?
Yes, but the scan-based defense is limited to proceedings involving your alcohol license.
New York provides a defense when:
All three have to be true:
- The customer presents identification that appears to have been issued by a government entity
- The scan completes successfully
- The licensee reasonably relies on both the credential and the scan result
A written ID-checking policy that the venue has actually put into practice can also be considered by the liquor authority. The important limitation is that this defense applies to proceedings involving the alcohol license.
It does not create a defense in other criminal or civil proceedings. New York also provides other age-verification defenses that do not depend on scanning.
The exact wording
In any proceeding pursuant to subdivision one of section sixty-five of this article, it shall be an affirmative defense that such person had produced a driver's license or non-driver identification card apparently issued by a governmental entity, successfully completed the transaction scan, and that the alcoholic beverage had been sold, delivered or given to such person in reasonable reliance upon such identification and transaction scan.
Notwithstanding the above provisions, any such affirmative defense shall not be applicable in any other civil or criminal proceeding, or in any other forum.
Can a customer refuse an ID scan in New York?
New York does not specifically create a right to refuse a scan of a physical ID.
The alcohol scanning statute allows a venue to make an ID scan a condition of an alcohol sale or, at a 21+ venue, admission. New York's Mobile ID works differently.
A venue cannot require a customer to use the Mobile ID instead of a physical credential. When a customer does choose to use it, they approve each request for information and may decline the request.
Alcohol, tobacco and cannabis
Alcohol
New York expressly allows ID scanning both for alcohol sales and admission to 21+ venues.
That makes New York unusual in specifically addressing the door as well as the point of sale. When a venue records information from the scan, the four-field limit and restrictions on use and sharing apply. A successful scan can also support the statutory defense in proceedings involving the alcohol license.
N.Y. Alco. Bev. Cont. Law 65-bTobacco and vape
New York applies similar limits to information collected during tobacco age verification.
The tobacco law permits ID scanning during a purchase and uses the same four types of information:
- Name
- Date of birth
- Identification number
- Expiration date
Cannabis
Cannabis follows a different privacy framework.
New York cannabis rules restrict collecting or recording consumer personal information without consent, except for information normally needed to complete a retail transaction, which can include age verification.
The four-field rule that applies to alcohol ID scans does not automatically apply in the same way to cannabis. A business operating under more than one type of license should therefore treat its cannabis and alcohol workflows separately.
New York OCM Retail Dispensary GuidanceWhat this means for your AgeShield setup
These are the AgeShield settings affected by the New York rules above. How you configure them is ultimately a decision for your venue.
- How long visits are kept
- New York does not set a specific minimum or maximum retention period for ordinary alcohol ID-scan records.AgeShield setting: Set your retention period based on your venue's policy while accounting for New York's restrictions on how the information may be used and shared.
- Which ID fields are stored
- New York permits four fields to be recorded from an alcohol ID scan: name, date of birth, driver's license or non-driver ID number, and expiration date.AgeShield setting: Configure stored ID fields so your venue keeps only the information permitted for its New York workflow.
- Consent screen
- A standard barcode scan for alcohol age verification does not require a separate consent flow under this provision. New York Mobile ID works differently, because the customer approves each request for information.AgeShield setting: Enable the consent screen if your venue chooses to use one as part of its own privacy policy, or for workflows that require customer permission.
- Banned lists
- Information recorded from an alcohol ID scan is limited to the purposes allowed by the statute and may not be provided to third parties.AgeShield setting: Review how banned or watch-list information is created, used and shared, particularly if a list extends across separately owned venues or outside providers.
- Manual entry
- Manual entry does not count as the electronic transaction scan required for New York's scan-based licensing defense.AgeShield setting: Enable manual entry as a fallback workflow, but do not treat a manually entered record as equivalent to a successful scan for purposes of the scan-based defense.
Common questions
Is it legal to scan IDs at a bar in New York?
Yes. New York allows ID scanning for alcohol sales and also for admission to venues restricted to people 21 and older.
Do you have to scan IDs in New York?
No. Scanning is not generally required. If a venue chooses to scan, it must still inspect the ID and the person presenting it.
Which IDs provide protection in New York?
New York recognizes a broad range of government-issued IDs, including credentials from other states, Canadian provinces, passports and US military identification.
What can I keep from an ID scan in New York?
For alcohol scans, New York allows four fields to be recorded: name, date of birth, driver's license or non-driver ID number, and expiration date.
How long can I keep ID scan data in New York?
New York does not set a specific retention period for ordinary alcohol scan records. The information remains subject to restrictions on how it may be used and shared, as well as broader data-security rules.
Does scanning give you a defense if you serve a minor in New York?
Yes, but only in proceedings involving your alcohol license. The scan-based defense does not extend to other criminal or civil proceedings.
Can a customer refuse an ID scan in New York?
New York does not specifically create a right to refuse a scan of a physical ID. Mobile ID is different: the customer approves each request and may decline it.
Do I have to accept the New York Mobile ID?
No. A venue does not have to accept it and cannot require a customer to use it instead of a physical credential.
Sources
- N.Y. Alco. Bev. Cont. Law 65-b
- N.Y. Alco. Bev. Cont. Law 65
- SLA Advisory 2024-2
- N.Y. Gen. Bus. Law 899-aa
- N.Y. Gen. Bus. Law 899-bb
- N.Y. Pub. Health Law 1399-cc
- New York OCM Retail Dispensary Guidance
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
New Jersey ID scanning laws
New Jersey allows an age-verification scan but not keeping the result. See the five fields it may read and the limits.
- State lawState law
Connecticut ID scanning laws
Connecticut caps scan records at four fields. See the defense that earns you, and why storing the ID number matters.
- State lawState law
Pennsylvania ID scanning laws
Pennsylvania requires scans for certain permits and protects good-faith reliance. See which permits, and what you may keep.
Still unsure how New York 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.