BILL NO A04004
SAME AS No same as
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:A4004
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 legalizes and creates a
system for the taking of false identification or identification fraudu-
lently offered. Currently, false identification is taken and held by
responsible businesses as a response to the epidemic of false identifi-
cation use.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1- A licensee may confiscate a false identification or identifi-
cation not of the presenter if presented for the purchase of alcohol and
subjected to a transactional scan. Within 48 Hours the licensee must
hand over the ID to local law enforcement which destroys it if it's
invalid, or returns it if valid. A person may petition for earlier
return of the identification.
JUSTIFICATION: Responsible businesses have for some time been screening
identification to ensure they do not sell or admit minors to their
establishments. Part of process has been to hold IDs if they are deter-
mined 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 confiscation. However, this
practice is not strictly lawful as licensees are taking the property of
another, even though it is illegal property. This legislation validates
the practice and also ensures that real Ins that may have stolen are
returned to their owner.
To safeguard the process as much as possible, a transactional scan is
required of the identification which sets a floor to catch the obvious
fake Ins. However, there remains discretion to confiscate real IDs that
the licensee believes to be offered fraudulently. In either case, the
identification must be delivered to the local authorities within 48
hours to either destroy the fakes or verify the authenticity of real
Ins.
Placing the IDs into the hands of law enforcement accomplishes several
goals. First, it allows law enforcement to look for trends false iden-
tification. It prevents a secondary black market for these IDs in which
some licensee staff may be selling confiscated IDs back to the minor.
Lastly, it allows for the return of possibly stolen property.
PRIOR LEGISLATIVE HISTORY:;
A.10272 pf 2012
FISCAL IMPLICATIONS: None to the State.
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
2013-2014 Regular Sessions
I N A S S E M B L Y
January 30, 2013
___________
Introduced by M. of A. CRESPO -- read once and referred to the Committee
on Economic Development
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 A LICENSEE, WRITTEN EVIDENCE OF
5 AGE WHICH, AFTER BEING SUBJECTED TO A TRANSACTION SCAN PURSUANT TO THIS
6 SECTION, SUCH LICENSEE, AGENT OR EMPLOYEE REASONABLY BELIEVES IS FALSE,
7 FRAUDULENT OR NOT ACTUALLY SUCH PERSON'S, FOR THE PURPOSE OF PURCHASING
8 OR ATTEMPTING TO PURCHASE ANY ALCOHOLIC BEVERAGE, SUCH LICENSEE, AGENT
9 OR EMPLOYEE MAY IMMEDIATELY CONFISCATE AND TAKE POSSESSION OF SUCH WRIT-
10 TEN EVIDENCE OF AGE. A SUCCESSFUL TRANSACTION SCAN SHALL NOT PRECLUDE
11 THE REASONABLE CONFISCATION OF SUCH WRITTEN EVIDENCE OF AGE.
12 (II) WITHIN FORTY-EIGHT HOURS OF TAKING POSSESSION OF WRITTEN EVIDENCE
13 OF AGE WHICH IS FALSE, FRAUDULENT OR NOT THE PRESENTER'S OWN, A LICENSEE
14 SHALL DELIVER SUCH WRITTEN EVIDENCE OF AGE TO A LAW ENFORCEMENT AGENCY
15 HAVING JURISDICTION OVER THE LOCATION OF THE LICENSED PREMISES.
16 (III) EACH LAW ENFORCEMENT AGENCY TAKING POSSESSION OF WRITTEN
17 EVIDENCE OF AGE PURSUANT TO THIS PARAGRAPH SHALL CONDUCT AN ANALYSIS OF
18 THE VALIDITY OF THE WRITTEN EVIDENCE WITH REGARD TO THE PERSON WHO
19 PRESENTED IT TO THE LICENSEE, AGENT OR EMPLOYEE. IF SUCH WRITTEN
20 EVIDENCE OF AGE IS VALID, IT SHALL BE RETURNED TO THE RIGHTFUL HOLDER
21 THEREOF, IN PERSON OR BY FIRST CLASS MAIL. IT IT IS FALSE OR FRAUDULENT,
22 THE WRITTEN EVIDENCE OF AGE SHALL BE DESTROYED.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00976-01-3
A. 4004 2
1 (IV) ANY PERSON WHO HAS HAD HIS OR HER WRITTEN EVIDENCE OF AGE CONFIS-
2 CATED PURSUANT TO THIS PARAGRAPH MAY PETITION, ORALLY OR IN WRITING, THE
3 LAW ENFORCEMENT AGENCY HAVING POSSESSION THEREOF FOR ITS RETURN.
4 (V) NO LICENSEE, OR AGENT OR EMPLOYEE THEREOF, SHALL INCUR ANY CIVIL
5 OR CRIMINAL LIABILITY FOR THE CONFISCATION OF ANY WRITTEN EVIDENCE OF
6 AGE PURSUANT TO THIS PARAGRAPH, UNLESS GROSS NEGLIGENCE SHALL BE PROVEN.
7 S 2. This act shall take effect on the first of January next succeed-
8 ing the date on which it shall have become a law.
