West Virginia Code § 60-2-22

Authority to utilize scanner technology in sales; authority to execute
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contracts relating thereto.
(a) The commissioner may, pursuant to section eleven of this article, authorize and establish
standards for the use of scanner technology for the verification of age of purchasers of
alcoholic beverages and wine as provided in article eight of this chapter, and nonintoxicating
beer as provided for in article sixteen, chapter eleven of this code. Any scanener technology
may not be used for the collection of personal identifiable information of any purchaser,
which includes, but is limited to, drivers license number, social securityr number or other
descriptive information contained on the license, other than the age of the purchaser.
(b) In addition to the commissioner's powers set forth in section eleven of this article, the
commissioner may sign and execute in the name of the officet of Alcohol Beverage Control
Commissioner one or more contracts or agreements pertaining to the sale or licensing and
promotion of proprietary scanner technology by the commissioner, or his or her designated
contractual partner, to any interested person, upon terms the commissioner believes to be in
the best interests of this state, and to amend, extend or terminate any contract or
agreement: Provided, That all contracts are susbject to the review process contained in
section thirteen, article three, chapter five-a of this chapter.
(c) "Scanner technology" includes angy device that uses technology intended to control the
access of minors to alcohol and tobacco products and which is capable of:
(1) Capturing the information from a bar code or magnetic strip on a driver's license or
identification card issued by the Division of Motor Vehicles;
(2) Producing a declaration of age in print form and storing a record of the event in memory;
(3) ProducingV an audible, visual and printed result;
(4) Reporting a history of the events, including the ability to transfer the data for archiving
and database development purposes; and
(5) Storing at least one thousand events at any time before data is transferred.
(d) Moneys derived from the sale, licensing and promotion of the proprietary scanner
technology shall be deposited in a special account in the state Treasury to be known as the
"Scanner Technology Fund." Expenditures from the fund shall be for the maintenance and
development of the proprietary scanner technology described in this section and are not
authorized from collections but are to be made only in accordance with appropriation by the
Legislature and in accordance with the provisions of article three, chapter twelve of this
code and upon the fulfillment of the provisions set forth in article two, chapter five-a of this
code: Provided, That for the fiscal year ending June 30, 2004, expenditures are authorized
from collections rather than pursuant to an appropriation by the Legislature.

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