1. (1) Authority. This rule is made pursuant to Sections 32B-2-202 and 32B-1-407.
2. (2) Definitions. As used in this rule, "applicable licensee" means the same as that term is defined in Section 32B-1-407.
3. (3) Except as provided in Subsection (6), an applicable licensee shall verify an individual's proof of age in accordance with Section 32B-1-407 using an electronic age verification device or program.

4. (4) An electronic age verification device or program described in Subsection (3) must contain a technology that:

   1. (a) verifies the validity of a physical:

      1. (i) state issued driver's license;
      2. (ii) state issued identification card; and
      3. (iii) military identification card; and

   2. (b) visually displays no more than the following for the individual who presents a physical proof of age for verification:

      1. (i) the name;
      2. (ii) the age;
      3. (iii) the number assigned to the individual's proof of age by the issuing authority;
      4. (iv) the birth date;
      5. (v) the gender; and
      6. (vi) the status and expiration date of the individual's proof of age.

5. (5) An electronic age verification device or program meets the requirement of Subsection (4) if the electronic age verification device or program contains:

   1. (a) a technology that can determine the validity of a state issued identification card from the barcode located on the back of the state issued identification card by:

      1. (i) comparing the card's barcode to other legitimate barcodes; or
      2. (ii) identifying patterns within legitimate state issued identification cards;
   2. (b) a magnetic stripe card reader; or
   3. (c) a two-dimensional (2d) stack symbology card reader.

6. (6) If the electronic age verification device or program described in Subsection (4) cannot verify an individual's proof of age, the applicable licensee shall:

   1. (a) document:

      1. (i) the type of proof of age;
      2. (ii) the number assigned to the proof of age;
      3. (iii) the expiration date of the proof of age;
      4. (iv) the individual's name; and
      5. (v) the individual's birth date; or
   2. (b) use an alternate technology capable of reading the proof of age and retaining the information described in Subsections (6)(a)(ii) through (v).

7. (7)(a) An applicable licensee shall retain, for a period of seven calendar days:

   1. (i) the information obtained from an individual's proof of age under Subsection (4) or (6); and

      1. (ii) the time and date the proof of age was verified under Subsection (4) or presented under Subsection (6).
   2. (b) An applicable licensee may not retain the information described in Subsection (7)(a) for more than seven calendar days.
   3. (c) An applicable licensee may not use or retain the information collected under Subsection (4) or (6) for a purpose other than to verify an individual's proof of age.

KEY: alcoholic beverages

Date of Last Change: June 5, 2026

Notice of Continuation: February 5, 2025

Authorizing, and Implemented or Interpreted Law: 32B-2-202; 32B-1-407