Store
The law states that a customer must be at least 21 years of age to purchase alcohol. There is no legal requirement that a customer show identification, but the best way to verify the customer's age is to request picture identification.
The acceptable types of identification for determining age are:
In order to be acceptable, an ID should include a photograph of bearer, signature, height of bearer, date of birth and expiration date. (3 VAC 5-50-20)
Types of unacceptable IDs include college/university ID, expired ID, social security card, government work ID, resident alien card, green card, international driver's license, INS border crosser card and INS worker's authorization card.
In 2009, the Virginia Department of Motor Vehicles began issuing newly designed, secure driver’s licenses and IDs made of laser engraved polycarbonate. Cards issued prior to implementation of the new format remain valid until expiration.
Cards issued to minors age 15–21 are vertical in format. The background image is of a dogwood flower. If a person attempting to purchase alcohol or tobacco presents a vertical license to you, look extra hard to verify that the person is of legal age! Check the bottom left for the dates that the person turns 18 and 21 years of age.
Cards issued to people age 21 and over are horizontal in format. The background image is of the state capitol. Check the expiration date to verify that the card is valid.
Fake identification can take various forms, including:
If you are unsure whether an ID is valid, do not sell alcoholic beverages. One technique is to compare the ID to a secondary form of identification. Examples may include a credit card, social security card, student ID, and a fishing or hunting license. Be careful when accepting any ID as a second form. There are people who will fake another form of ID. Once you have the first type of ID, keep it and then ask for another one. Hold them both together and compare to see if they match.
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Be careful about taking an ID. The ID is the personal property of the person presenting it to you. Only law enforcement has the right to keep the ID. You have the right to inspect an ID. You may tell the customer that you are going to hold on to the ID until law enforcement arrives. If they leave the store without it, they have abandoned their property and you may turn the ID over to the police. If they ask for the ID back, you must return it to them. Military IDs are the property of the U.S. government and must be turned over to the U.S. government.
What do I do with an ID someone has left?
Document the incident. Write down a description of the customer, any statements made and if anyone else was with the customer, vehicle description, etc. Call local law enforcement and your ABC special agent. They can investigate and find the person who used it or the person to whom it belongs.
Who is liable?
The individual who makes an illegal sale is criminally responsible and therefore may be arrested. A conviction of the offense may result in a fine, jail time or both. The business is administratively responsible and therefore will be issued an administrative written violation report. A hearing may be held resulting in monetary fines, suspension of the license or both. Just because an ID was checked at the door, it is still a good idea to check the ID again. You are responsible for every drink that your establishment serves.
The Drivers License Guide Co. publishes an annual edition of the ID Checking Guide that helps retailers and law enforcement agencies identify fake IDs. Every valid driver's license format is shown in actual size and full color for all 50 states and 10 Canadian provinces. You can order the guide from their website or by calling (800) 227-8827.
Revised February 26, 2015
Detecting Fake IDs