Bill Text: NY A04004 | 2013-2014 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: 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.

Spectrum: Slight Partisan Bill (Democrat 10-4)

Status: (Introduced - Dead) 2014-01-08 - referred to economic development [A04004 Detail]

Download: New_York-2013-A04004-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4004
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 30, 2013
                                      ___________
       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  ANY  INSTANCE IN WHICH A PERSON PRESENTS OR OFFERS, TO A
    4  LICENSEE, OR TO AN AGENT OR EMPLOYEE OF A LICENSEE, WRITTEN EVIDENCE  OF
    5  AGE  WHICH, AFTER BEING SUBJECTED TO A TRANSACTION SCAN PURSUANT TO THIS
    6  SECTION, SUCH LICENSEE, AGENT OR EMPLOYEE REASONABLY BELIEVES IS  FALSE,
    7  FRAUDULENT  OR NOT ACTUALLY SUCH PERSON'S, FOR THE PURPOSE OF PURCHASING
    8  OR ATTEMPTING TO PURCHASE ANY ALCOHOLIC BEVERAGE, SUCH  LICENSEE,  AGENT
    9  OR EMPLOYEE MAY IMMEDIATELY CONFISCATE AND TAKE POSSESSION OF SUCH WRIT-
   10  TEN  EVIDENCE  OF  AGE. A SUCCESSFUL TRANSACTION SCAN SHALL NOT PRECLUDE
   11  THE REASONABLE CONFISCATION OF SUCH WRITTEN EVIDENCE OF AGE.
   12    (II) WITHIN FORTY-EIGHT HOURS OF TAKING POSSESSION OF WRITTEN EVIDENCE
   13  OF AGE WHICH IS FALSE, FRAUDULENT OR NOT THE PRESENTER'S OWN, A LICENSEE
   14  SHALL DELIVER SUCH WRITTEN EVIDENCE OF AGE TO A LAW  ENFORCEMENT  AGENCY
   15  HAVING JURISDICTION OVER THE LOCATION OF THE LICENSED PREMISES.
   16    (III)  EACH  LAW  ENFORCEMENT  AGENCY  TAKING  POSSESSION  OF  WRITTEN
   17  EVIDENCE OF AGE PURSUANT TO THIS PARAGRAPH SHALL CONDUCT AN ANALYSIS  OF
   18  THE  VALIDITY  OF  THE  WRITTEN  EVIDENCE  WITH REGARD TO THE PERSON WHO
   19  PRESENTED IT TO  THE  LICENSEE,  AGENT  OR  EMPLOYEE.  IF  SUCH  WRITTEN
   20  EVIDENCE  OF  AGE  IS VALID, IT SHALL BE RETURNED TO THE RIGHTFUL HOLDER
   21  THEREOF, IN PERSON OR BY FIRST CLASS MAIL. IT IT IS FALSE OR FRAUDULENT,
   22  THE WRITTEN EVIDENCE OF AGE SHALL BE DESTROYED.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00976-01-3
       A. 4004                             2
    1    (IV) ANY PERSON WHO HAS HAD HIS OR HER WRITTEN EVIDENCE OF AGE CONFIS-
    2  CATED PURSUANT TO THIS PARAGRAPH MAY PETITION, ORALLY OR IN WRITING, THE
    3  LAW ENFORCEMENT AGENCY HAVING POSSESSION THEREOF FOR ITS RETURN.
    4    (V)  NO  LICENSEE, OR AGENT OR EMPLOYEE THEREOF, SHALL INCUR ANY CIVIL
    5  OR CRIMINAL LIABILITY FOR THE CONFISCATION OF ANY  WRITTEN  EVIDENCE  OF
    6  AGE PURSUANT TO THIS PARAGRAPH, UNLESS GROSS NEGLIGENCE SHALL BE PROVEN.
    7    S  2. This act shall take effect on the first of January next succeed-
    8  ing the date on which it shall have become a law.