Bill Text: NY S05668 | 2013-2014 | General Assembly | Introduced

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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: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2014-06-19 - referred to economic development [S05668 Detail]

Download: New_York-2013-S05668-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5668
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                     June 3, 2013
                                      ___________
       Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Alcoholism and Drug Abuse
       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, FRAUDULENT OR NOT ACTUALLY SUCH  PERSON'S,  FOR  THE  PURPOSE  OF
    7  PURCHASING  OR ATTEMPTING TO PURCHASE AN ALCOHOLIC BEVERAGE, SUCH LICEN-
    8  SEE, AGENT OR EMPLOYEE MAY IMMEDIATELY CONFISCATE AND TAKE POSSESSION OF
    9  SUCH WRITTEN EVIDENCE OF AGE. A SUCCESSFUL TRANSACTION  SCAN  SHALL  NOT
   10  PRECLUDE THE REASONABLE CONFISCATION OF SUCH WRITTEN EVIDENCE OF AGE.
   11    (II)  WITHIN  FORTY-EIGHT  HOURS  OF TAKING POSSESSION OF SUCH WRITTEN
   12  EVIDENCE OF AGE, A LICENSEE SHALL DELIVER SUCH WRITTEN EVIDENCE  OF  AGE
   13  TO A LAW ENFORCEMENT AGENCY HAVING JURISDICTION OVER THE LOCATION OF THE
   14  LICENSED PREMISES.
   15    (III)  EACH  LAW  ENFORCEMENT AGENCY TAKING POSSESSION OF SUCH WRITTEN
   16  EVIDENCE OF AGE PURSUANT TO THIS PARAGRAPH SHALL DETERMINE THE  VALIDITY
   17  OF  THE  WRITTEN  EVIDENCE WITH REGARD TO THE PERSON WHO PRESENTED IT TO
   18  THE LICENSEE, AGENT OR EMPLOYEE. IF SUCH  WRITTEN  EVIDENCE  OF  AGE  IS
   19  VALID, IT SHALL BE RETURNED TO THE RIGHTFUL HOLDER THEREOF, IN PERSON OR
   20  BY  FIRST CLASS MAIL. IF IT IS FALSE OR FRAUDULENT, THE WRITTEN EVIDENCE
   21  OF AGE SHALL BE DESTROYED.
   22    (IV) ANY PERSON WHO HAS HAD HIS OR HER WRITTEN EVIDENCE OF AGE CONFIS-
   23  CATED PURSUANT TO THIS PARAGRAPH  MAY  PETITION,  IN  WRITING,  THE  LAW
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00976-02-3
       S. 5668                             2
    1  ENFORCEMENT  AGENCY  HAVING  POSSESSION THEREOF FOR ITS RETURN.  THE LAW
    2  ENFORCEMENT AGENCY SHALL ACCEPT SUCH AN APPLICATION FOR  RETURNING  SUCH
    3  WRITTEN  EVIDENCE  AND RENDER A DETERMINATION ON SUCH APPLICATION WITHIN
    4  THIRTY DAYS OF THE RECEIPT OF SUCH APPLICATION.
    5    (V)  NO  LICENSEE, OR AGENT OR EMPLOYEE THEREOF, SHALL INCUR ANY CIVIL
    6  OR CRIMINAL LIABILITY FOR THE CONFISCATION OF ANY  WRITTEN  EVIDENCE  OF
    7  AGE PURSUANT TO THIS PARAGRAPH, UNLESS GROSS NEGLIGENCE SHALL BE PROVEN.
    8    S  2. This act shall take effect on the first of January next succeed-
    9  ing the date on which it shall have become a law.