Bill Text: NY S01952 | 2017-2018 | General Assembly | Amended
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) 2018-03-23 - PRINT NUMBER 1952A [S01952 Detail]
Download: New_York-2017-S01952-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 1952--A 2017-2018 Regular Sessions IN SENATE January 11, 2017 ___________ 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 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- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07341-02-8S. 1952--A 2 1 ty-four hours of such determination. If it is determined to be false or 2 fraudulent, the written evidence of age shall be retained by such law 3 enforcement agency and may be destroyed no earlier than one year after 4 receipt of such written evidence. 5 (iv) Any person who has had his or her written evidence of age confis- 6 cated pursuant to this paragraph may petition, in writing, the law 7 enforcement agency having possession thereof for its return. The law 8 enforcement agency shall accept such an application for returning such 9 written evidence and render a determination on such application within 10 forty-eight hours of the receipt of such application. If such written 11 evidence is determined to be bona fide and authentic, it shall be 12 returned to the owner thereof within twenty-four hours of such determi- 13 nation. 14 (v) No licensee, or agent or employee thereof, shall incur any civil 15 or criminal liability for the confiscation of any written evidence of 16 age pursuant to this paragraph, unless it is established that such 17 confiscation constituted gross negligence by the licensee, agent or 18 employee. 19 § 2. This act shall take effect on the first of January next succeed- 20 ing the date on which it shall have become a law.
