Bill Text: NY A02045 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires New York city identity cards to be accepted as valid written evidence of age or identification.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2024-01-03 - referred to cities [A02045 Detail]

Download: New_York-2023-A02045-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2045

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 23, 2023
                                       ___________

        Introduced  by  M. of A. FALL -- read once and referred to the Committee
          on Cities

        AN ACT to amend the administrative code of the city  of  New  York,  the
          general  business  law,  the  alcoholic  beverage  control law and the
          public health law, in relation to acceptance of New York city identity
          cards as valid written evidence of age or identification

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision f of section 3-115 of the administrative code
     2  of the city of New York is amended by adding a new paragraph 4  to  read
     3  as follows:
     4    (4)  Notwithstanding any provision of law to the contrary, a valid New
     5  York city identity card shall be accepted as valid written  evidence  of
     6  age  or  identification in any situation where an individual is required
     7  to furnish written evidence of age or identification.
     8    § 2. The general business law is amended by adding a new section 390-e
     9  to read as follows:
    10    § 390-e. Acceptance of New York city identity cards.   Notwithstanding
    11  any  provision  of  law  to the contrary, a valid New York city identity
    12  card issued pursuant to section 3-115 of the administrative code of  the
    13  city  of  New York shall be accepted as valid written evidence of age or
    14  identification in any situation  where  an  individual  is  required  to
    15  furnish written evidence of age or identification.
    16    §  3.  Paragraph (b) of subdivision 2 of section 65-b of the alcoholic
    17  beverage control law, as amended by chapter 519 of the laws of 1999,  is
    18  amended to read as follows:
    19    (b) No licensee, or agent or employee of such licensee shall accept as
    20  written evidence of age by any such person for the purchase of any alco-
    21  holic  beverage,  any  documentation  other  than:  (i) a valid driver's
    22  license or non-driver identification card issued by the commissioner  of
    23  motor  vehicles,  the  federal  government, any United States territory,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06506-01-3
        A. 2045                             2

     1  commonwealth or possession, the District of Columbia, a state government
     2  within the United States or a provincial government of the  dominion  of
     3  Canada,  or (ii) a valid passport issued by the United States government
     4  or  any  other  country,  or  (iii) an identification card issued by the
     5  armed forces of the United States, or (iv) a valid New York city identi-
     6  ty card issued pursuant to section 3-115 of the administrative  code  of
     7  the city of New York.  Upon the presentation of such driver's license or
     8  non-driver  identification  card  issued  by a governmental entity, such
     9  licensee or agent or employee thereof may perform a transaction scan  as
    10  a  precondition  to  the sale of any alcoholic beverage. Nothing in this
    11  section shall prohibit a licensee or agent or employee  from  performing
    12  such  a  transaction  scan  on any of the other documents listed in this
    13  subdivision if such documents include a bar code or magnetic strip  that
    14  [that]  may  be scanned by a device capable of deciphering any electron-
    15  ically readable format.
    16    § 4.  Subdivision 3 of section 1399-cc of the public  health  law,  as
    17  amended  by  chapter  100  of  the  laws  of 2019, is amended to read as
    18  follows:
    19    3. Sale of  tobacco  products,  herbal  cigarettes,  liquid  nicotine,
    20  shisha  or electronic cigarettes in such places, other than by a vending
    21  machine, shall be made only to an individual who  demonstrates,  through
    22  (a)  a valid driver's license or non-driver's identification card issued
    23  by the commissioner of  motor  vehicles,  the  federal  government,  any
    24  United  States  territory,  commonwealth  or possession, the District of
    25  Columbia, a state government within the United States  or  a  provincial
    26  government  of the dominion of Canada, or (b) a valid passport issued by
    27  the United States government or any other country, or (c) an identifica-
    28  tion card issued by the armed forces of the  United  States,  or  (d)  a
    29  valid  New  York  city identity card issued pursuant to section 3-115 of
    30  the administrative code of the city of New  York,  indicating  that  the
    31  individual is at least twenty-one years of age. Such identification need
    32  not  be required of any individual who reasonably appears to be at least
    33  twenty-five years of age, provided, however, that such appearance  shall
    34  not constitute a defense in any proceeding alleging the sale of a tobac-
    35  co  product,  herbal  cigarettes,  liquid nicotine, shisha or electronic
    36  cigarettes to an individual under twenty-one years of age.
    37    § 5. This act shall take effect immediately.