BILL NO A04004A
SAME AS SAME AS S05668
SPONSOR Crespo
COSPNSR Cook, Jaffee, Robinson, Montesano, Rivera, Colton, Finch, Boyland,
Goodell, Roberts
MLTSPNSR Arroyo, Crouch, Gabryszak, Gibson, 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.
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.
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.
