A05278 Summary:

BILL NOA05278
 
SAME ASNo Same As
 
SPONSORCrespo
 
COSPNSRD'Urso, Arroyo
 
MLTSPNSR
 
Amd §65-b, ABC L
 
Authorizes alcoholic beverage licensees to confiscate written evidence of age which is false, or fraudulent; 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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A05278 Actions:

BILL NOA05278
 
02/08/2019referred to economic development
01/08/2020referred to economic development
07/06/2020enacting clause stricken
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A05278 Committee Votes:

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A05278 Floor Votes:

There are no votes for this bill in this legislative session.
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A05278 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5278
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 8, 2019
                                       ___________
 
        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  an  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 believes with moral
     6  certainty to be false or fraudulent, for the purpose  of  purchasing  or
     7  attempting  to  purchase  an alcoholic beverage, such licensee, agent or
     8  employee may immediately confiscate and take possession of such  written
     9  evidence of age for a period of time up to two hours.
    10    (ii)  If  such  written evidence is not redeemed by such holder within
    11  forty-eight hours of taking possession of such written evidence of  age,
    12  a  licensee  shall deliver such written evidence of age to the local law
    13  enforcement agency having jurisdiction over the location of the licensed
    14  premises.
    15    (iii) Each law enforcement agency taking possession  of  such  written
    16  evidence  of  age pursuant to this paragraph shall determine the authen-
    17  ticity of the written evidence.   If such written  evidence  of  age  is
    18  determined  to  be  bona fide and authentic, it shall be returned to the
    19  rightful holder thereof, in person or by first class mail  within  twen-
    20  ty-four hours of such determination.  If it is determined to be false or
    21  fraudulent,  the  written  evidence of age shall be retained by such law
    22  enforcement agency and may be destroyed no earlier than one  year  after
    23  receipt of such written evidence.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08892-01-9

        A. 5278                             2
 
     1    (iv) Any person who has had his or her written evidence of age confis-
     2  cated  pursuant  to  this  paragraph  may  petition, in writing, the law
     3  enforcement agency having possession thereof for its return.    The  law
     4  enforcement  agency  shall accept such an application for returning such
     5  written  evidence  and render a determination on such application within
     6  forty-eight hours of the receipt of such application.   If such  written
     7  evidence  is  determined  to  be  bona  fide  and authentic, it shall be
     8  returned to the owner thereof within twenty-four hours of such  determi-
     9  nation.
    10    (v)  No  licensee, or agent or employee thereof, shall incur any civil
    11  or criminal liability for the confiscation of any  written  evidence  of
    12  age  pursuant  to  this  paragraph,  unless  it is established that such
    13  confiscation constituted gross negligence  by  the  licensee,  agent  or
    14  employee.
    15    §  2. This act shall take effect on the first of January next succeed-
    16  ing the date on which it shall have become a law.
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