A02527 Summary:

BILL NO    A02527 

SAME AS    SAME AS S02334

SPONSOR    Crespo

COSPNSR    Cook, Jaffee, Montesano, Rivera, Moya, Finch, Roberts

MLTSPNSR   Arroyo, Gottfried, Hooper, Thiele

Amd S11-100, Gen Ob L

Extends dram shop liability to cover persons who sell forms of false
identification to persons under 21 years of age who cause injury or damages
while intoxicated or whose ability is impaired.
Go to top

A02527 Actions:

BILL NO    A02527 

01/16/2013 referred to judiciary
01/08/2014 referred to judiciary
Go to top

A02527 Votes:

There are no votes for this bill in this legislative session.
Go to top

A02527 Memo:

BILL NUMBER:A2527

TITLE OF BILL:  An act to amend the general obligations law, in relation
to compensation for injury caused by the illegal sale of alcoholic
beverages to a person under the age of twenty-one years

PURPOSE OR GENERAL IDEA OF BILL:  Extends dram shop liability to cover
persons who knowingly sell numerous false identifications to persons
less than 21 years of age.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 adds a new paragraph (b) to section 11-100(1) of the General
Obligations Law providing that any third party injured as the result of
the intoxication or impairment of ability of any person under the age of
21 years shall have a right of action against any person or entity that
produced or sold more than ten false identifications to minors which
were used to obtain or procure alcoholic beverages that led to the
intoxication of the individual causing the injury.  Under proposed
section 11-100 (1) (b), specific knowledge by the producer and seller of
the fake identification that the minor procured alcoholic beverages with
the identification is not necessary, as it is ' reasonably expected that
when an identification is sold misrepresenting a minor's age, it could
be used for illegal purposes. Case law has interpreted previous applica-
tion of section 11-100 to require that the defendant had awareness of
and authorized the consumption of alcohol by minors. The new section
11-100 (1) (a) will still be applied in the same way. However, new
section 11-100 (1) (b) clarifies that there is no knowledge requirement.
Section 2 creates an affirmative defense for a seller of an identifica-
tion card which stated an age over twenty-one who has scanned and relied
upon an apparent government identification card which stated that the
recipient was twenty-one or older.

JUSTIFICATION:  Despite significant progress over the past 20 years,
underage drinking is a complex problem that persists in communities
across the nation.  The battle to restrict access to alcohol by those
under the legal purchase age must be fought on many fronts, including
holding those who assist knowingly AND presumptively in the procurement
of alcoholic beverages to minors civilly liable.  The Dram Shop Act
provides a cause of action against any person who unlawfully sells or
assists in procuring alcohol for an intoxicated person or a person under
the age of twenty-one. The sale of alcohol to any person visibly intoxi-
cated or any person under twenty-one is prohibited, as is knowingly
causing the intoxication of a person under twenty-one by furnishing or
assisting in the procurement of the alcoholic beverage. Forty-two states
and the District of Columbia have Dram Shop laws.  Under New York's
General Obligations Law 11-100, one of the Dram Shop laws, if someone is
injured by an intoxicated minor, the injured victim has a right to bring
a lawsuit against the person who caused or contributed to the intoxica-
tion of the minor by unlawfully selling to, or assisting in the procur-
ing of liquor for, the minor. In order to be held liable, the procurer
of the alcohol must have known, or had reasonable cause to believe, that

the person he was providing the alcoholic drink to was under the age of
21.

It is only reasonable that the state extend responsibility for the
damages caused by underage intoxicants on those who profited from the
sale of the identification that enabled them to buy the alcohol. In
these cases, the producer and seller of the fake identification plays an
indispensable role in making the alcohol available to the under-aged
person. Until now, Courts have refused to hold the producer and/or sell-
er of the fake identification liable under Dram Shop laws.

In Etu v. Cumberland Farms, 148 A.D. 2d 821 (1989), the Third Department
held that the Spencer Gifts retail chain was not responsible when a 15
year-old boy purchased a do-it-yourself fake ID kit and used the ID he
made to purchase beer. After becoming intoxicated, he stole a car and
died in a one-car accident. The Court ruled that the company's behavior
did not meet the state's narrow definition of unlawfully furnishing or
assisting in procuring alcohol under the Dram Shop laws.

The proposed legislation would amend section 11-100 to provide a right
of action by an injured party against any person selling more than ten
false identification to minors which are subsequently used to obtain
alcohol. As the purveyors of false identifications are less proximate to
the incident, the ten identification threshold will ensure that only
those who clearly know of their wrong actions and have a high probabili-
ty of creating injury will be liable.  It also creates an affirmative
defense for the sellers who honestly believe that the purchaser is over
the age of twenty-one by relying upon and scanning a government-issued
photo identification. This narrows the scope of liability and further
ensures that the law is targeted to those who know they are selling to
minors who intend to act unlawfully.

PRIOR LEGISLATIVE HISTORY:

A.10365/S.1025 of 2012. died in Judiciary; 2010-S.1871- Referred to
Judiciary 2008--S.6528 - Referred to Judiciary

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.
Go to top

A02527 Text:

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

                                         2527

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                   January 16, 2013
                                      ___________

       Introduced by M. of A. CRESPO -- read once and referred to the Committee
         on Judiciary

       AN ACT to amend the general obligations law, in relation to compensation
         for  injury  caused  by  the  illegal sale of alcoholic beverages to a
         person under the age of twenty-one years

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

    1    Section  1. Subdivision 1 of section 11-100 of the general obligations
    2  law, as amended by chapter 274 of the laws of 1985, is amended  to  read
    3  as follows:
    4    1.  Any  person  who  shall  be  injured in person, property, means of
    5  support or otherwise, by reason of the  intoxication  or  impairment  of
    6  ability of any person under the age of twenty-one years, whether result-
    7  ing  in his OR HER death or not, shall have a right of action to recover
    8  actual damages against:
    9    (A) any person who knowingly causes such intoxication or impairment of
   10  ability by unlawfully furnishing to or unlawfully assisting in procuring
   11  alcoholic beverages for such INTOXICATED OR IMPAIRED person  with  know-
   12  ledge  or reasonable cause to believe that such person was under the age
   13  of twenty-one years[.]; OR
   14    (B) ANY PERSON OR ENTITY THAT DISTRIBUTES OR  MANUFACTURES  MORE  THAN
   15  TEN FALSE IDENTIFICATION CARDS OR OTHER FORGED INSTRUMENTS, AS SUCH TERM
   16  IS  DEFINED  IN SECTION 170.00 OF THE PENAL LAW, WHICH MISREPRESENTS THE
   17  AGE AND/OR IDENTITY OF ANY PERSON, AND KNOWINGLY  SELLS  SUCH  CARDS  OR
   18  INSTRUMENTS TO A PERSON UNDER THE AGE OF TWENTY-ONE YEARS, AND WHICH ARE
   19  USED  TO UNLAWFULLY PROCURE ALCOHOLIC BEVERAGES THAT CAUSE OR CONTRIBUTE
   20  TO SUCH OTHER PERSON'S INTOXICATION OR  IMPAIRMENT  OF  ABILITY.  ACTUAL
   21  KNOWLEDGE  OF  THE  SPECIFIC PROCUREMENT OF THE ALCOHOLIC BEVERAGES THAT
   22  CAUSE OR CONTRIBUTE TO THE  INTOXICATION  OR  IMPAIRMENT  SHALL  NOT  BE
   23  NECESSARY.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00977-01-3
       A. 2527                             2

    1    S  2.  Section  11-100  of  the  general obligations law is amended by
    2  adding a new subdivision 1-a to read as follows:
    3    1-A.  IN ANY ACTION COMMENCED PURSUANT TO PARAGRAPH (B) OF SUBDIVISION
    4  ONE OF THIS SECTION, IT SHALL BE AN AFFIRMATIVE DEFENSE THAT THE  PERSON
    5  OR  ENTITY PROVIDING AN IDENTIFICATION CARD OR INSTRUMENT STATING THAT A
    6  MINOR IS TWENTY-ONE YEARS OF AGE OR OLDER SOLD OR  PROVIDED  SUCH  IDEN-
    7  TIFICATION  CARD OR INSTRUMENT IN RELIANCE UPON A PHOTOGRAPHIC IDENTIFI-
    8  CATION CARD APPARENTLY ISSUED BY A  GOVERNMENTAL  ENTITY,  WHICH  STATED
    9  THAT  THE  RECIPIENT  WAS TWENTY-ONE YEARS OF AGE OR OLDER AND WHICH WAS
   10  SUBJECT TO A TRANSACTION SCAN PURSUANT TO SECTION  SIXTY-FIVE-B  OF  THE
   11  ALCOHOLIC BEVERAGE CONTROL LAW.
   12    S  3. This act shall take effect on the first of January next succeed-
   13  ing the date on which it shall have become a law.
Go to top
Page display time = 0.0722 sec