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.
STATE OF NEW YORK
________________________________________________________________________
1544--A
2015-2016 Regular Sessions
IN SENATE
January 13, 2015
___________
Introduced by Sen. KLEIN -- read twice and ordered printed, and when
printed to be committed to the Committee on Alcoholism and Drug Abuse
-- recommitted to the Committee on Alcoholism and Drug Abuse in
accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
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 or fraudulent, for the purpose of purchasing or attempting to
7 purchase an alcoholic beverage, such licensee, agent or employee may
8 immediately confiscate and take possession of such written evidence of
9 age.
10 (ii) Within twenty-four hours of taking possession of such written
11 evidence of age, a licensee shall deliver such written evidence of age
12 to a law enforcement agency having jurisdiction over the location of the
13 licensed premises.
14 (iii) Each law enforcement agency taking possession of such written
15 evidence of age pursuant to this paragraph shall determine the authen-
16 ticity of the written evidence. If such written evidence of age is
17 determined to be bona fide and authentic, it shall be returned to the
18 rightful holder thereof, in person or by first class mail within twen-
19 ty-four hours of such determination. If it is determined to be false or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03946-04-5
S. 1544--A 2
1 fraudulent, the written evidence of age shall be retained by such law
2 enforcement agency and may be destroyed no earlier than one year after
3 receipt of such written evidence.
4 (iv) Any person who has had his or her written evidence of age confis-
5 cated pursuant to this paragraph may petition, in writing, the law
6 enforcement agency having possession thereof for its return. The law
7 enforcement agency shall accept such an application for returning such
8 written evidence and render a determination on such application within
9 forty-eight hours of the receipt of such application. If such written
10 evidence is determined to be bona fide and authentic, it shall be
11 returned to the owner thereof within twenty-four hours of such determi-
12 nation.
13 (v) No licensee, or agent or employee thereof, shall incur any civil
14 or criminal liability for the confiscation of any written evidence of
15 age pursuant to this paragraph, unless it is established that such
16 confiscation constituted gross negligence by the licensee, agent or
17 employee.
18 § 2. This act shall take effect on the first of January next succeed-
19 ing the date on which it shall have become a law.
