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.
STATE OF NEW YORK
________________________________________________________________________
5668
2013-2014 Regular Sessions
IN SENATE
June 3, 2013
___________
Introduced by Sen. KLEIN -- read twice and ordered printed, and when
printed to be committed to the Committee on Alcoholism and Drug Abuse
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
20 by first class mail. If it is false or fraudulent, the written evidence
21 of age shall be destroyed.
22 (iv) Any person who has had his or her written evidence of age confis-
23 cated pursuant to this paragraph may petition, in writing, the law
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00976-02-3
S. 5668 2
1 enforcement agency having possession thereof for its return. The law
2 enforcement agency shall accept such an application for returning such
3 written evidence and render a determination on such application within
4 thirty days of the receipt of such application.
5 (v) No licensee, or agent or employee thereof, shall incur any civil
6 or criminal liability for the confiscation of any written evidence of
7 age pursuant to this paragraph, unless gross negligence shall be proven.
8 § 2. This act shall take effect on the first of January next succeed-
9 ing the date on which it shall have become a law.
