This blog was last updated on November 14, 2024
Preventing alcohol sales to minors is a fundamental responsibility for any business in the beverage alcohol industry. It is illegal in every state to sell alcohol to anyone under the age of 21, regardless of where or how the sale occurs. So, for direct-to-consumer (DtC) shipping of alcohol in the United States, implementing age verification protocols is crucial. Even accidentally provisioning a minor with alcohol can get a business into serious hot water.
Every state enforces some type of age verification requirement, ranging from at-delivery ID checks to point-of-sale (POS) verification. Failure to comply can result in significant fines or even the loss of your shipping license. To help you navigate these rules and ensure your age verification process is compliant, we’ve compiled the essential information you need to keep your brewery, cidery, distillery or winery operating within the law.
Add an Age Affirmation Gate to Your Alcohol Website
An age affirmation gate is a feature that prompts online visitors to confirm they are of legal drinking age before accessing your website, shopping cart or mobile app. By requiring users to verify their age before even before they attempt to purchase alcohol, you set the right tone for all interactions with potential customers. Although these gates are often criticized for being easy to bypass, they serve an important purpose for businesses in the beverage alcohol industry.
Age affirmation gates act as a clear reminder to consumers that your products are intended only for those of legal drinking age. They also demonstrate your commitment to complying with laws that prevent underage access to alcohol. While there are more robust methods of verifying a consumer’s age, which we’ll discuss further, every business selling or promoting beverage alcohol online should incorporate an age affirmation gate as a basic compliance tool.
Require Adult Signature and ID Verification on Delivery
For DtC shipments of alcohol, it is required by law that the carrier check the recipient’s ID and collect the signature of an adult over the age of 21 at the time of delivery. This rule applies to all alcohol shipments in the United States, with no exceptions.
While the responsibility for this process falls on the carrier, if the carrier fails to collect the signature or check the ID, the licensed shipper may still be held liable. Therefore, it’s critical to partner with a reliable alcohol shipping carrier that has a solid track record of adhering to DtC alcohol shipment regulations.
Packages containing alcoholic products must never be left unattended on a consumer’s doorstep or porch. Instead, they must be handed directly to an individual whose age has been verified by the carrier. Communication is key here—licensed DtC shippers should coordinate with consumers to ensure someone over 21 will be available to receive the package at the time of delivery.
Each state also has its own alcohol packaging label requirements and shipping laws for shipping directly to consumers. These regulations serve to alert carriers that they must follow strict protocols including age verification. It’s important to make sure your DtC shipments are properly labeled according to the state laws for the package destination.
Purchaser and Recipient DOB
When implementing an age affirmation tool on your website, online store or mobile app, it’s a best practice to also collect the date of birth (DOB) of the purchaser during the transaction process. This is often done when the customer adds alcoholic beverages to their shopping cart, ensuring compliance with age verification laws.
In the case of gift shipments, the purchaser may not always know the recipient’s DOB at the time of the transaction. While it’s not always necessary to collect this information immediately, businesses should have processes in place to follow up and obtain the recipient’s DOB before the shipment is sent. This ensures full compliance with age verification requirements while maintaining a smooth customer experience.
Many states including Hawaii, Michigan and Wisconsin require licensed shippers to submit detailed shipment reports, which may include the purchaser’s and/or recipient’s DOB. Others, like New York, may only require the purchaser’s DOB for audit purposes. Even in states with less stringent requirements, maintaining DOB records is crucial for ensuring compliance and avoiding legal issues during audits.
Most states require shippers to retain shipment records for at least two years, but it’s generally recommended to keep this data for three to four years to cover any potential audit period. Since DOBs are considered personally identifiable information (PII), businesses must securely store this data to comply with privacy regulations like the California Consumer Privacy Act (CCPA).
Use and Online Alcohol Age Verification Solution
To further ensure that alcohol sales are restricted to adults, online age verification services offer an additional layer of protection. While common carriers will verify the recipient’s age upon delivery by checking their ID and obtaining a signature, businesses can go a step further by verifying the purchaser’s and recipient’s age (if different) at the time of purchase. This is especially valuable for gift orders, where the purchaser and recipient might be different individuals.
It is recommended that everyone selling alcohol, including licensed DtC shippers, make time-of-sale age checks standard practice. While online age verification for alcohol shipping is available across the country, it is currently only a requirement in the following states:
- Arizona
- Georgia
- Indiana
- Kansas
- Michigan
- Ohio
- South Dakota
- Hawaii
Remember that even if a sale to a minor happens inadvertently, it is still illegal, and the seller can be charged. Ignorance or oversight is not an acceptable defense—and state regulators take the sale of alcohol very seriously. In addition to facing fines and penalties, businesses that violate age verification laws may lose their alcohol distribution licenses, effectively shutting down their ability to operate within the industry.
For these reasons, it’s critical to implement strict age verification protocols at every stage of the transaction—from the point of sale to the moment of delivery. Businesses can confirm a purchaser’s age by requesting a valid ID through a trusted third-party age verification service.
Providers like LexisNexis and IDology use public records to cross-reference the purchaser’s name and address with data confirming that the individual is over 21. Comprehensive compliance platforms like ShipCompliant Direct incorporate age verification directly into their automated systems, simplifying the process for businesses to adhere to regulatory requirements. This integration helps ensure that age checks are seamlessly conducted, making it easier to stay compliant with legal standards and reducing the risk of costly penalties.
Download our eBook, DtC Alcohol Shipping Essentials: Getting Started & Staying Compliant, to get everything you need to navigate the complexities of shipping wine, beer, spirits, cider and sake.
