E. Persons other than small businesses, non-small businesses, state, or local government entities ("person" means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency):
No anticipated impact on persons. The proposed revisions make changes to requirements related to electronic scanning of identification for certain alcohol licensees to align with statutory changes made in HB 59 and HB 597 (2026).
The proposed changes do not require additional action by other persons.
F. Compliance costs for affected persons:
No anticipated impact on compliance cost for affected persons. The proposed revisions make changes to requirements related to electronic scanning of identification for certain alcohol licensees to align with statutory changes made in HB 59 and HB 597 (2026).
The proposed changes do not require additional action by persons that are currently in compliance.
G. Regulatory Impact Summary Table (This table includes only fiscal impacts the agency was able to measure. If the agency could not estimate an impact, it is excluded from this table but described in boxes A through F.)
Regulatory Impact Summary Table
H. Department head comments on fiscal impact and approval of regulatory impact analysis:
The Executive Director of the Department of Alcoholic Beverage Services, Ericka Evans, has reviewed and approved this regulatory impact analysis.
Citation Information
7. Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement:
Public Notice Information
9. The public may submit written or oral comments to the agency identified in box 1.
A. Comments will be accepted until:
10. This rule change MAY become effective on:
NOTE: The date above is the date the agency anticipates making the rule or its changes effective. It is NOT the effective date.
Agency Authorization Information
Agency head or
designee and title:
Brian Swan, Deputy Director of Legal
and Regulatory Affairs
R82. Alcoholic Beverage Control, Administration.
R82-4. Criminal Offenses and Procedure.
R82-4-101. Electronic Proof of Age Verification. (1) Authority. This rule is made pursuant to Sections 32B-2-202 and [32B-1-401, 32B-1-404, 32B-1-405, ]32B-1-407[ and 32B-4-411]. (2) [Purpose.]Definitions. As used in this rule, "applicable licensee" means the same as that term is defined in Section 32B-1-407. [(a) Section 32B-1-407 requires applicable licensees to verify proof of age of persons who appear to be 35 years of age or younger either by an electronic age verification device, or an acceptable alternate process established by Commission rule. (E) the individual's name; and(F) the individual's date of birth. (c) Any data collected either electronically or otherwise: (i) may be used by the licensee, and employees or agents of the licensee, solely for the purpose of verifying an individual's proof of age; (ii) may be acquired by law enforcement, or other investigative agencies for any purpose under sections 32B-6-406 - 407; (iii) may not be retained by the licensee in a data base for mailing, advertising, or promotional activity; (iv) may not be retained to acquire personal information to make inappropriate personal contact with the individual; and (v) shall be retained for a period of seven days from the date on which it was acquired, after which it must be deleted. (d) Any person who still questions the age of the individual after being presented with proof of age, shall require the individual to sign a statement of age form as provided under section 32B-1-405. ]
KEY: alcoholic beverages
Date of Last Change: 2026[February 25, 2020] Notice of Continuation: February 5, 2025
Authorizing, and Implemented or Interpreted Law: 32B-2-202; 32B-1-407 !--dar--
