Bill Text: NY S01544 | 2015-2016 | General Assembly | Amended

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-06-17 - COMMITTED TO RULES [S01544 Detail]

Download: New_York-2015-S01544-Amended.html

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                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