State guide
North Dakota ID scanning laws
North Dakota does not restrict ID scanning, and staff acting in good faith have a defense when a customer who looked 21 or older lied about their age and showed an ID to back it up.
For bars, restaurants and retailers, the practical questions are which IDs count as proof of age, when customers under 21 may be on licensed premises, what scan records may contain and how the alcohol defense works.
Reviewed September 29, 2026 ยท 15 primary sources linked
North Dakota at a glance
- Is it legal to scan IDs in North Dakota?
- Yes.North Dakota does not restrict ID scanning. Its alcohol law names the IDs staff may inspect for proof of age and does not mention scanning.
- Do you have to check IDs in North Dakota, and when?
- It depends on what you sell.Licensees may not serve customers under 21 or let them remain on licensed premises outside the statutory exceptions, and keg sales to go require a record including the buyer's ID number. There is no statewide rule to card every customer, and federal law requires tobacco retailers to check photo ID for buyers under 30.
- Which IDs provide protection in North Dakota?
- A valid driver's license or ID card from any state or Canadian province, a US military ID or a passport the United States issues or recognizes.North Dakota's alcohol law names these three and no others. Its alcohol defense does not refer to this list and turns on the customer's false age claim, appearance and staff's good faith.
- Can you keep data from an ID scan in North Dakota?
- Yes.No North Dakota law sets which details from a scan may be kept or for how long. Records of kegs sold to go must be kept for at least six months.
- What other North Dakota laws reach the data you keep?
- Stored ID data can trigger North Dakota's breach-notification law.A separate rule also limits disclosure by businesses paid to process data unless the person or business the record concerns gives express written consent.
- Does scanning give you a defense if you serve a minor in North Dakota?
- A scan does not create the defense, but it can document the ID the customer used to support a false age claim.The defense also requires an appearance that would lead a reasonable and careful person to believe the customer was 21 or older and a sale made in good faith.
- Can a customer refuse an ID scan in North Dakota?
- North Dakota does not specifically regulate refusal of a scan or require a manual alternative.Service decisions remain subject to public-accommodation law. Staff may seize an ID they reasonably believe is altered or falsified, and the retailer or employee must notify law enforcement within 24 hours.
What North Dakota venues should know
Is it legal to scan IDs in North Dakota?
Yes. North Dakota does not restrict ID scanning.
North Dakota's alcohol and tobacco laws do not require venues to scan an ID, and they do not prohibit it. The alcohol law says a licensed retailer or employee may determine proof of age solely by inspecting one of three kinds of ID. It sets which IDs count and does not mention scanning.
Do you have to check IDs in North Dakota, and when?
It depends on what you sell.
Alcohol
North Dakota prohibits a licensee from selling or serving alcohol to anyone under 21, and from letting anyone under 21 stay on the licensed premises while alcohol is sold or displayed, apart from the exceptions the law lists. It does not require every customer to be carded.
Kegs sold to go
When a retailer sells beer in a container larger than six gallons, it must record the date, the buyer's name and address, the number on the buyer's driver's license or other official state or military ID, the buyer's signature and the keg's registration number. The state's keg registration form is headed "Valid ID must be shown". The rule does not apply to kegs consumed on the premises where they are sold.
Tobacco and vape
North Dakota prohibits selling tobacco, vapes or other nicotine products to anyone under 21, and its own law does not add an ID-check rule. Federal law requires retailers to check photo ID showing the date of birth for any buyer under 30.
Medical cannabis
Dispensaries serve only registered patients and caregivers. Before dispensing, a dispensary must confirm through the state's verification system that the registry ID card is valid.
The exact wording
Except as permitted in this section, a licensee who dispenses alcoholic beverages to an individual under twenty-one years of age, or who permits an individual under twenty-one years of age to remain on the licensed premises while alcoholic beverages are being sold or displayed, is guilty of a class A misdemeanor, subject to sections 5-01-08, 5-01-08.1, and 5-01-08.2.
A dispensary or agent of the dispensary may not dispense usable marijuana unless the dispensary first uses the verification system to confirm the registered qualifying patient or registered designated caregiver identification card is valid.
N.D.C.C. 5-02-06N.D.C.C. 5-02-07.2N.D. Admin. Code 10-08-02N.D.C.C. 12.1-31-0321 CFR 1140.14N.D.C.C. 19-24.1-21
Which IDs provide protection in North Dakota?
A valid driver's license or ID card from any state or Canadian province, a US military ID or a passport the United States issues or recognizes.
North Dakota's alcohol law names three kinds of ID for proof of age, and no others:
- A valid driver's license or ID card with the holder's photo and date of birth, issued by North Dakota, another state or a Canadian province
- A valid military ID card issued by the US Department of Defense
- A valid passport issued or recognized by the United States
The alcohol defense does not refer to this list. It asks whether the customer backed a false claim to be 21 or older with documents, looked 21 or older and was served in good faith. North Dakota's tobacco law names no IDs, and federal law calls for a photo ID showing the date of birth for buyers under 30.
The exact wording
A licensed retailer of alcoholic beverages or an employee of a licensed retailer may determine proof of age for purchasing or consuming an alcoholic beverage solely by inspection of one of the following: a. A valid driver's license or identification card issued by this state, another state, or a province of Canada which includes the photograph and date of birth of the licensed individual; b. A valid military identification card issued by the United States department of defense; or c. A valid passport issued or recognized by the United States.
Can you keep data from an ID scan in North Dakota?
Yes. North Dakota leaves scan retention to venue policy, with a separate six-month rule for keg-sale records.
How long scan records are kept is therefore a matter of venue policy. North Dakota's alcohol law also lets a licensee keep a book and require a customer whose age is in question, after they show proof of age, to sign it. The book must show the date, the ID used and its number, the customer's address and their signature.
For kegs sold to go, a record is required. The record of the buyer and their ID number must be kept on the licensed premises for at least six months, and law enforcement may inspect it.
The exact wording
Any licensee may keep a book and may require anyone who has shown documentary proof of that person's age, which substantiates that person's age to allow the purchase of alcoholic beverages, to sign the book if the age of that person is in question. The book must show the date of the purchase, the identification used in making the purchase and the appropriate numbers of such identification, the address of the purchaser, and the purchaser's signature.
Whenever a retail alcoholic beverage licensee sells beer in a container with a liquid capacity greater than six gallons [22.71 liters], the licensee shall record the date of sale and the name, address, and driver's license number or number of other official state or military identification card of the person to whom the beer is sold, together with the signature, and registration number, or letters of the container, or both. Such records must be retained for a period of no less than six months and must be kept on the licensed premises of the retail establishment where the sales are made.
What other North Dakota laws reach the data you keep?
Stored ID information can trigger the breach-notification law, and a separate law limits what a business paid to process data may disclose.
A customer's first name or initial and last name kept with a North Dakota driver's license number, a North Dakota ID card number or a date of birth is personal information under the state's breach law, unless the data is encrypted. A business that owns or licenses that data must notify affected North Dakota residents of a breach in the most expedient time possible and without unreasonable delay, and must also tell the Attorney General when more than 250 people are affected. North Dakota has no comprehensive consumer privacy law and no biometric privacy law.
North Dakota's data processing confidentiality law applies to any business that charges a fee for data processing services. Such a business may not disclose a record it prepares or maintains, in whole or in part, to anyone other than the individual or business the record is about without that individual's or business's express written consent. The only exceptions are a subpoena or court order, discovery in a civil case and a search warrant.
A person may sue a business that breaks this rule for their actual damages, and no less than $500. Where a law requires a record to be in writing, North Dakota's electronic transactions law lets an electronic record satisfy it, between parties that have each agreed to deal electronically.
The exact wording
No business entity which charges a fee for data processing services performed may disclose in whole or in part the contents of any record, including the disclosure of information contained in the record through inclusion in any composite of information, which is prepared or maintained by such business entity to any person, other than the individual or business entity which is the subject of the record, without the express written consent of such individual or business entity.
If a law requires a record to be in writing, an electronic record satisfies the law.
N.D.C.C. 51-30-01N.D.C.C. 51-30-02N.D.C.C. 51-22-02N.D.C.C. 9-16-06
Does scanning give you a defense if you serve a minor in North Dakota?
No, but a scan record can help show which ID the customer presented.
When someone under 21 buys alcohol, North Dakota's alcohol law treats three facts, taken together, as evidence that the person who made the sale is innocent and as a defense to any prosecution for the sale. The customer falsely claimed to be 21 or older and backed the claim with documents, the customer looked old enough that a reasonable and careful person would believe they were 21 or older, and the sale was made in good faith, relying on that claim and appearance.
Scanning is not one of the three. A scan record can help show which ID the customer presented and when, but not how the customer looked or whether staff acted in good faith. North Dakota's tobacco law gives retailers no similar defense.
In a license case over a first violation for serving alcohol, the licensing authority must count alcohol server training the licensee gave its staff in the licensee's favor, and the penalty must be lower as a result. The training must cover intoxication, drunk driving and underage drinking and be approved by the licensing authority.
The exact wording
The establishment of the following facts by a person making a sale of alcoholic beverages to a person not of legal age constitutes prima facie evidence of innocence and a defense to any prosecution therefor: 1. That the purchaser falsely represented and supported with other documentary proof that the purchaser was of legal age to purchase alcoholic beverages. 2. That the appearance of the purchaser was such that an ordinary and prudent person would believe the purchaser to be of legal age to purchase alcoholic beverages. 3. That the sale was made in good faith and in reliance upon the representation and appearance of the purchaser in the belief that the purchaser was of legal age to purchase alcoholic beverages.
For a first violation taken against the retail licensee by a licensing authority for serving alcoholic beverages, the licensing authority shall accept as a mitigating factor the retail licensee provided to the licensee's employees alcohol server training that addressed intoxication, drunk driving, and underage drinking, as approved by the licensing authority. Under this section, a mitigating factor must result in a lesser punishment than the retail licensee would have received if not for the mitigating factor.
Can a customer refuse an ID scan in North Dakota?
North Dakota 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 therefore a matter of venue policy, subject to North Dakota's public-accommodation law. That law bars denying service or treating a customer differently because of race, color, religion, sex, national origin, age, physical or mental disability or status with respect to marriage or public assistance.
A licensed retailer or employee may also seize an ID shown as proof of age when they reasonably believe it has been altered or falsified or is being used to get alcohol unlawfully. Within 24 hours of the seizure, the retailer or employee must notify a law enforcement agency, which then has 24 hours to take possession of the ID.
The exact wording
A licensed retailer or an employee of a licensed retailer may seize a form of identification displayed as proof of age if the licensed retailer or an employee of a licensed retailer has a reasonable belief that the form of identification has been altered, falsified, or is being used to unlawfully obtain alcoholic beverages.
Within twenty-four hours of seizing a form of identification as allowed under this section, a licensed retailer or an employee of a licensed retailer shall notify a law enforcement agency of the seizure and the law enforcement agency shall take possession of the identification within twenty-four hours after receipt of the notice.
Alcohol and tobacco
Bars and restaurants
People under 21 may be on licensed premises while alcohol is sold only under the exceptions North Dakota lists.
The exceptions include a restaurant visit with a parent or guardian, seated more than three feet from the bar counter and out of the bar area after 10 p.m., and a restaurant whose dining area is separate from the bar and whose food sales at least equal the drinks sold in that area. Letting anyone under 21 stay outside the exceptions is a misdemeanor for the licensee.
N.D.C.C. 5-02-06Package stores and kegs
Kegs sold to go require a signed record of the buyer and their ID number.
The record includes the date, the buyer's name and address, the number on their driver's license or other official state or military ID, their signature and the keg's registration number. It is kept on the licensed premises for at least six months, and law enforcement may inspect it.
N.D.C.C. 5-02-07.2Tobacco and vape
Sales to anyone under 21 are prohibited, and federal law requires a photo ID check for buyers under 30.
North Dakota's own tobacco law sets no ID-check rule and gives retailers no defense based on the ID a customer showed. The under-21 rule covers vapes and other nicotine products as well as tobacco.
N.D.C.C. 12.1-31-03What this means for your AgeShield setup
These are the AgeShield settings affected by the North Dakota rules above. How you configure them is ultimately a decision for your venue.
- How long visits are kept
- North Dakota sets no retention period for ID scan data. Records of kegs sold to go must be kept on the licensed premises for at least six months.AgeShield setting: Set your retention period based on your venue's own policy.
- Which ID fields are stored
- North Dakota does not specify which ID fields may be stored. A name kept with a North Dakota driver's license or ID card number or a date of birth is personal information under the breach-notification law unless encrypted.AgeShield setting: Choose which ID fields are collected and stored. Individual fields can be switched off.
- Consent screen
- North Dakota does not require a consent screen for ID scanning. Its data processing confidentiality law bars a business that charges a fee for data processing services from disclosing a record to anyone other than the individual or business the record is about without their express written consent.AgeShield setting: The consent screen is switched on by default for venues in North Dakota, and the venue can switch it off.
- Manual entry
- North Dakota's proof-of-age rule names the IDs staff may inspect and does not mention scanning.AgeShield setting: Enable manual entry so staff can record a check when an ID cannot be scanned.
- Banned and watch lists
- North Dakota has no law on venue lists. Its public-accommodation law bars denying service because of race, color, religion, sex, national origin, age, disability or status with respect to marriage or public assistance.AgeShield setting: Use behavior-based reasons and notes for Banned and custom list entries.
Common questions
Is it legal to scan IDs at a bar in North Dakota?
Yes. North Dakota does not restrict ID scanning, and its alcohol law does not mention scanning.
Do you have to check IDs in North Dakota, and when?
It depends on what you sell. Licensees may not serve customers under 21 or let them remain on licensed premises outside the statutory exceptions, and keg sales to go require a record including the buyer's ID number. There is no statewide rule to card every customer, and federal law requires tobacco retailers to check photo ID for buyers under 30.
Which IDs count as proof of age in North Dakota?
North Dakota's alcohol law names three: a valid driver's license or ID card with a photo and date of birth from North Dakota, another state or a Canadian province, a valid US military ID and a valid passport issued or recognized by the United States.
Can you keep data from an ID scan in North Dakota?
Yes. No North Dakota law sets which details from a scan may be kept or for how long. Records of kegs sold to go must be kept for at least six months, and a name kept with a North Dakota license or ID number or a date of birth falls under the breach-notification law unless encrypted.
Does scanning give you a defense if you serve a minor in North Dakota?
A scan does not create the defense, but it can document the ID the customer used to support a false age claim. The defense also requires an appearance that would lead a reasonable and careful person to believe the customer was 21 or older and a sale made in good faith.
Can people under 21 be in a North Dakota bar?
Only under the exceptions North Dakota lists. They include a restaurant visit with a parent or guardian, seated more than three feet from the bar counter and out of the bar area after 10 p.m. Letting anyone under 21 stay outside the exceptions is a misdemeanor for the licensee.
Does North Dakota accept a Canadian driver's license as proof of age?
Yes. North Dakota's alcohol law lists a valid driver's license or ID card from a Canadian province, with the holder's photo and date of birth, alongside licenses and ID cards from any US state.
Can a North Dakota bar keep a fake ID?
A licensed retailer or employee may seize an ID shown as proof of age when they reasonably believe it has been altered or falsified or is being used to get alcohol unlawfully. The retailer or employee must notify a law enforcement agency within 24 hours, and the agency must take possession of the ID within 24 hours of the notice.
Can a customer refuse an ID scan in North Dakota?
North Dakota does not specifically regulate refusal of a scan or require a manual alternative. Service decisions remain subject to public-accommodation law. Staff may seize an ID they reasonably believe is altered or falsified, and the retailer or employee must notify law enforcement within 24 hours.
Sources
- N.D.C.C. 5-01-08.3
- N.D.C.C. 12.1-31-03
- N.D.C.C. 5-02-06
- N.D.C.C. 5-02-07.2
- N.D. Admin. Code 10-08-02
- 21 CFR 1140.14
- N.D.C.C. 19-24.1-21
- N.D.C.C. 5-01-08.2
- N.D.C.C. 5-01-08.1
- N.D.C.C. 51-30-01
- N.D.C.C. 51-30-02
- N.D.C.C. 51-22-02
- N.D.C.C. 9-16-06
- N.D.C.C. 5-02-10.1
- N.D.C.C. 14-02.4-14
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
Minnesota ID scanning laws
Minnesota allows ID scanning and sets no scan-specific retention period. See which IDs count as proof of age and how a scan can document the check.
- State lawState law
South Dakota ID scanning laws
South Dakota gives staff a defense when they examined an ID a reasonable person would have believed. See which IDs count.
- State lawState law
Montana ID scanning laws
In Montana, data from a scan that checks a buyer's age can be kept up to 180 days. See how it may be used and which IDs count.
Still unsure how North Dakota 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.