(A) For the purpose of this section and § 92.29, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CARD HOLDER. Any person who presents a driver’s or commercial driver’s license or an identification card to a permit holder, or an agent or employee of a permit holder, for either of the purposes listed in under divisions (a) or (b) of the definition for “transaction scan” below.
IDENTIFICATION CARD. An identification card issued under R.C. §§ 4507.50 through 4507.52 or an equivalent identification card issued by another state.
PERMIT HOLDER. The holder of a permit issued under R.C. Chapter 4303.
TRANSACTION SCAN. The process by which a permit holder or an agent or employee of a permit holder checks, by means of a transaction scan device, the validity of a driver’s or commercial driver’s license or an identification card that is presented as a condition for doing either of the following:
(a) Purchasing any beer, intoxicating liquor or low-alcohol beverage; or
(b) Gaining admission to a premises that has been issued a liquor permit authorizing the sale of beer or intoxicating liquor for consumption on the premises where sold, and where admission is restricted to persons 21 years of age or older.
TRANSACTION SCAN DEVICE. Any commercial device or combination of devices used at a point of sale that is capable of deciphering in an electronically readable format the information encoded on the magnetic strip or bar code of a driver’s or commercial driver’s license or an identification card.
(B) (1) A permit holder or an agent or employee of a permit holder may perform a transaction scan by means of a transaction scan device to check the validity of a driver’s or commercial driver’s license or identification card presented by a card holder for either of the purposes listed in divisions (a) or (b) of the definition for “transaction scan” above.
(2) If the information deciphered by the transaction scan performed under division (B)(1) above fails to match the information printed on the driver’s or commercial driver’s license or identification card presented by the card holder, or if the transaction scan indicates that the information so printed is false or fraudulent, neither the permit holder nor any agent or employee of the permit holder shall sell any beer, intoxicating liquor or low-alcohol beverage to the card holder.
(3) Division (B)(1) above does not preclude a permit holder or an agent or employee of a permit holder from using a transaction scan device to check the validity of a document other than a driver’s or commercial driver’s license or identification card, if the document includes a bar code or magnetic strip that may be scanned by the device, as a condition of a sale of beer, intoxicating liquor or a low-alcohol beverage or of granting admission to a premises described in the definition for “transaction scan” above.
(C) The Registrar of Motor Vehicles, with the approval of the Liquor Control Commission, shall adopt, and may amend or rescind, rules in accordance with R.C. Chapter 119 that do both of the following:
(1) Govern the recording and maintenance of information described in R.C. § 4301.61(D)(1)(a) and (D)(1)(b), R.C. § 2925.57(D)(1)(a) and (D)(1)(b) and R.C. § 2927.021(D)(1)(a) and (D)(1)(b); and
(2) Ensure quality control in the use of transaction scan devices under R.C. §§ 2925.57, 2925.58, 2927.021, 2927.022, 4301.61 and 4301.611.
(D) (1) No permit holder or agent or employee of a permit holder shall electronically or mechanically record or maintain any information derived from a transaction scan, except for the following:
(a) The name and date of birth of the person listed on the driver’s or commercial driver’s license or identification card presented by the card holder; and
(b) The expiration date and identification number of the driver’s or commercial driver’s license or identification card presented by the card holder.
(2) No permit holder or agent or employee of a permit holder shall use the information that is derived from a transaction scan or that is permitted to be recorded and maintained under division (D)(1) above, except for purposes of R.C. § 4301.611 or a substantially equivalent municipal ordinance.
(3) No permit holder or agent or employee of a permit holder shall use a transaction scan device for a purpose other than a purpose listed in divisions (a) or (b) of the definition for “transaction scan” above.
(4) No permit holder or agent or employee of a permit holder shall sell or otherwise disseminate the information derived from a transaction scan to any third party including, but not limited to, selling or otherwise disseminating that information for any marketing, advertising or promotional activities, but a seller or agent or employee of a seller may release that information pursuant to a court order or as specifically authorized by R.C. § 4301.611, a substantially equivalent municipal ordinance or another section of this code or the Ohio Revised Code.
(E) Nothing in this section or R.C. § 4301.611, or a substantially equivalent municipal ordinance, relieves a permit holder or an agent or employee of a permit holder of any responsibility to comply with any other applicable local, state or federal laws or rules governing the sale of beer, intoxicating liquor, or low-alcohol beverages.
(2003 Code, § 92.28) (R.C. § 4301.61) (Rev. 2016) Penalty, see § 92.99