A04004 Summary:

BILL NO    A04004A

SAME AS    SAME AS S05668

SPONSOR    Crespo

COSPNSR    Cook, Jaffee, Robinson, Montesano, Rivera, Colton, Finch, Goodell,
           Roberts

MLTSPNSR   Arroyo, Crouch, Hooper, Thiele

Amd S65-b, ABC L

Authorizes alcoholic beverage licensees to confiscate written evidence of age
which is false, fraudulent or not the presenter's; provides such written
evidence of age shall be delivered to the police for verification, and returned
to rightful holder or destroyed.
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A04004 Actions:

BILL NO    A04004A

01/30/2013 referred to economic development
06/13/2013 amend and recommit to economic development
06/13/2013 print number 4004a
01/08/2014 referred to economic development
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A04004 Votes:

There are no votes for this bill in this legislative session.
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A04004 Memo:

BILL NUMBER:A4004A

TITLE OF BILL:  An act to amend the alcoholic beverage control law, in
relation to authorizing licensees to confiscate any written evidence
of age, which is false, fraudulent or not the presenter's own, offered
for the purpose of purchasing an alcoholic beverage

PURPOSE OR GENERAL IDEA OF BILL:  This bill creates a formalized
system to be recognized in the law to authorize the taking of a false
identification card or identification fraudulently offered as it
relates to the purchase of alcoholic beverages by those under the age
of 21. Currently, false identification may be taken and held by
responsible businesses as a response to the epidemic of false
identification use to illegally Purchase alcoholic beverages by those
under the age of 21. But such practices are not clearly authorized by
law and the issue of the treating the confiscated fake ID card is open
to Question.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amends Alcoholic Beverage Control Law section 65-b to
clearly set out that a licensee may confiscate a false identification
card or identification not of the presenter if presented for the
purchase of alcohol by a person who is under the age of 21. Within 48
hours of such confiscation, the licensee must hand over the ID to
local law enforcement. At which point, such law enforcement agency may
destroy such fake ID if it is determined to be fraudulent or if valid
returned to its rightful owner. A person may petition, in writing, for
a return of such identification.

JUSTIFICATION:  Some responsible businesses have, for some time now,
been screening identification cards to ensure they do not sell or
admit minors to their establishments. Part of process has been to hold
IDs if they are determined to be fake. This is an effective method of
deterring youth from entering their businesses as it can be difficult
to obtain a fake ID and minors may avoid places known to practice this
confiscation practice. However, this practice may not be strictly
lawful as licensees are taking the property of another, even though it
is illegal property or property that can help to perpetrate an illegal
transaction (the sale of alcoholic beverages to a person under the age
of 21). This legislation will help to codify and sanction in the law
this practice and also ensures that real Ins that may have been stolen
are returned to their rightful owner.

The identification must be delivered to the local authorities within
48 hours to either destroy the fake ID cards or verify the
authenticity of real IDs.

Placing the Ins into the hands of law enforcement accomplishes several
goals. First, it allows law enforcement to look for trends in
documenting and the use of false identification documents, Further, it
prevents a secondary black Market from developing for these ID cards
in which some licensee staff may be selling confiscated IDs back to
other minors who should not be purchasing alcoholic beverages. Lastly,
it allows for the return of possibly. stolen property to its rightful
owner.


PRIOR LEGISLATIVE HISTORY: Similar to S. 7127 of 2012

FISCAL IMPLICATIONS: None

EFFECTIVE DATE:  This Act shall take effect on the first of January
next succeeding the date on which it shall have become a law.
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A04004 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        4004--A

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                   January 30, 2013
                                      ___________

       Introduced  by  M.  of  A.  CRESPO,  COOK,  JAFFEE, ROBINSON, MONTESANO,
         RIVERA, COLTON, FINCH, BOYLAND, GOODELL, ROBERTS -- Multi-Sponsored by
         -- M. of A.  ARROYO, CROUCH, GABRYSZAK, GIBSON, HOOPER, THIELE -- read
         once and referred to the Committee on Economic Development --  commit-
         tee  discharged, bill amended, ordered reprinted as amended and recom-
         mitted to said committee

       AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
         authorizing licensees to confiscate any written evidence of age, which
         is  false,  fraudulent  or  not  the  presenter's own, offered for the
         purpose of purchasing an alcoholic beverage

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1.  Subdivision  2  of section 65-b of the alcoholic beverage
    2  control law is amended by adding a new paragraph (d) to read as follows:
    3    (D) (I) IN ANY INSTANCE IN WHICH A PERSON PRESENTS  OR  OFFERS,  TO  A
    4  LICENSEE,  OR TO AN AGENT OR EMPLOYEE OF SUCH LICENSEE, WRITTEN EVIDENCE
    5  OF AGE WHICH, SUCH LICENSEE, AGENT OR EMPLOYEE REASONABLY BELIEVES TO BE
    6  FALSE, FRAUDULENT OR NOT ACTUALLY SUCH  PERSON'S,  FOR  THE  PURPOSE  OF
    7  PURCHASING  OR ATTEMPTING TO PURCHASE AN ALCOHOLIC BEVERAGE, SUCH LICEN-
    8  SEE, AGENT OR EMPLOYEE MAY IMMEDIATELY CONFISCATE AND TAKE POSSESSION OF
    9  SUCH WRITTEN EVIDENCE OF AGE. A SUCCESSFUL TRANSACTION  SCAN  SHALL  NOT
   10  PRECLUDE THE REASONABLE CONFISCATION OF SUCH WRITTEN EVIDENCE OF AGE.
   11    (II)  WITHIN  FORTY-EIGHT  HOURS  OF TAKING POSSESSION OF SUCH WRITTEN
   12  EVIDENCE OF AGE, A LICENSEE SHALL DELIVER SUCH WRITTEN EVIDENCE  OF  AGE
   13  TO A LAW ENFORCEMENT AGENCY HAVING JURISDICTION OVER THE LOCATION OF THE
   14  LICENSED PREMISES.
   15    (III)  EACH  LAW  ENFORCEMENT AGENCY TAKING POSSESSION OF SUCH WRITTEN
   16  EVIDENCE OF AGE PURSUANT TO THIS PARAGRAPH SHALL DETERMINE THE  VALIDITY
   17  OF  THE  WRITTEN  EVIDENCE WITH REGARD TO THE PERSON WHO PRESENTED IT TO
   18  THE LICENSEE, AGENT OR EMPLOYEE. IF SUCH  WRITTEN  EVIDENCE  OF  AGE  IS
   19  VALID, IT SHALL BE RETURNED TO THE RIGHTFUL HOLDER THEREOF, IN PERSON OR

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00976-03-3
       A. 4004--A                          2

    1  BY  FIRST CLASS MAIL. IF IT IS FALSE OR FRAUDULENT, THE WRITTEN EVIDENCE
    2  OF AGE SHALL BE DESTROYED.
    3    (IV) ANY PERSON WHO HAS HAD HIS OR HER WRITTEN EVIDENCE OF AGE CONFIS-
    4  CATED  PURSUANT  TO  THIS  PARAGRAPH  MAY  PETITION, IN WRITING, THE LAW
    5  ENFORCEMENT AGENCY HAVING POSSESSION THEREOF FOR ITS RETURN.    THE  LAW
    6  ENFORCEMENT  AGENCY  SHALL ACCEPT SUCH AN APPLICATION FOR RETURNING SUCH
    7  WRITTEN EVIDENCE AND RENDER A DETERMINATION ON SUCH  APPLICATION  WITHIN
    8  THIRTY DAYS OF THE RECEIPT OF SUCH APPLICATION.
    9    (V)  NO  LICENSEE, OR AGENT OR EMPLOYEE THEREOF, SHALL INCUR ANY CIVIL
   10  OR CRIMINAL LIABILITY FOR THE CONFISCATION OF ANY  WRITTEN  EVIDENCE  OF
   11  AGE PURSUANT TO THIS PARAGRAPH, UNLESS GROSS NEGLIGENCE SHALL BE PROVEN.
   12    S  2. This act shall take effect on the first of January next succeed-
   13  ing the date on which it shall have become a law.
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