senate Bill S2334

Extends dram shop liability to cover persons who sell false forms of identification to persons under 21 years of age who cause injury or damages while intoxicated

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 16 / Jan / 2013
    • REFERRED TO JUDICIARY
  • 08 / Jan / 2014
    • REFERRED TO JUDICIARY

Summary

Extends dram shop liability to cover persons who sell forms of false identification to persons under 21 years of age who cause injury or damages while intoxicated or whose ability is impaired.

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Bill Details

See Assembly Version of this Bill:
A2527
Versions:
S2334
Legislative Cycle:
2013-2014
Current Committee:
Senate Judiciary
Law Section:
General Obligations Law
Laws Affected:
Amd §11-100, Gen Ob L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S1025A, A10368
2009-2010: A1871A, S1871, S1871A, S1871A
2007-2008: A1054, S6528, S6528

Sponsor Memo

BILL NUMBER:S2334

TITLE OF BILL: An act to amend the general obligations law, in
relation to compensation for injury caused by the illegal sale of
alcoholic beverages to a person under the age of twenty-one years

PURPOSE OR GENERAL IDEA OF BILL: Extends dram shop liability to cover
persons who knowingly sell numerous false identifications to persons
less than 21 years of age.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: adds a new paragraph (b) to section 11-100(1) of the
General Obligations Law providing that any third party injured as the
result of the intoxication or impairment of ability of any person
under the age of 21 years shall have a right of action against any
person or entity that produced or sold more than ten false
identifications to minors which were used to obtain or procure
alcoholic beverages that led to the intoxication of the individual
causing the injury.

Under proposed section 11-100 (1) (b), specific knowledge by the
producer and seller of the fake identification that the minor procured
alcoholic beverages with the identification is not necessary, as it is
reasonably expected that when an identification is sold
misrepresenting a minor's age, it could be used for illegal purposes.
Case law has interpreted previous application of section 11-100 to
require that the defendant had awareness of and authorized the
consumption of alcohol by minors. The new section 11-100 (1) (a) will
still be applied in the same way. However, new section 11-100 (1) (b)
clarifies that there is no knowledge requirement.

Section 2: creates an affirmative defense for a seller of an
identification card which stated an age over twenty-one who has
scanned and relied upon an apparent government identification card
which stated that the recipient was twenty-one or older.

JUSTIFICATION: Despite significant progress over the past 20 years,
underage drinking is a complex problem that persists in communities
across the nation. The battle to restrict access to alcohol by those
under the legal purchase age must be fought on many fronts, including
holding those who assist knowingly AND presumptively in the
procurement of alcoholic beverages to minors civilly liable.

The Dram Shop Act provides a cause of action against any person who
unlawfully sells or assists in procuring alcohol for an intoxicated
person or a person under the age of twenty-one. The sale of alcohol to
any person visibly intoxicated or any person under twenty-one is
prohibited, as is knowingly causing the intoxication of a person under
twenty-one by furnishing or assisting in the procurement of the
alcoholic beverage. Forty-two states and the District of Columbia have
Dram Shop laws.

Under New York's General Obligations Law 11-100, one of the Dram Shop
laws, if someone is injured by an intoxicated minor, the injured
victim has a right to bring a lawsuit against the person who caused or


contributed to the intoxication of the minor by unlawfully selling to,
or assisting in the procuring of liquor for, the minor. In order to be
held liable, the procurer of the alcohol must have known, or had
reasonable cause to believe, that the person he was providing the
alcoholic drink to was under the age of 21.

It is only reasonable that the state extend responsibility for the
damages caused by underage intoxicants on those who profited from the
sale of the identification that enabled them to buy the alcohol. In
these cases, the producer and seller of the fake identification plays
an indispensable role in making the alcohol available to the
under-aged person. until now, Courts have refused to hold the producer
and/or seller of the fake identification liable under Dram Shop laws.
In Etu v. Cumberland Farms, 148 A.D. 2d 821 (1989), the Third
Department held that the Spencer Gifts retail chain was not
responsible when a 15 year-old boy purchased a do-it-yourself fake ID
kit and used the ID he made to purchase beer. After becoming
intoxicated, he stole a car and died in a one-car accident. The Court
ruled that the company's behavior did not meet the state's narrow
definition of unlawfully furnishing or assisting in procuring alcohol
under the Dram Shop laws.

The proposed legislation would amend section 11-100 to provide a right
of action by an injured party against any person selling more than ten
false identification to minors which are subsequently used to obtain
alcohol. As the purveyors of false identifications are less proximate
to the incident, the ten identification threshold will ensure that
only those who clearly know of their wrong actions and have a high
probability of creating injury will be liable.

It also creates an affirmative defense for the sellers who honestly
believe that the purchaser is over the age of twenty-one by relying
upon and scanning a government-issued photo identification. This
narrows the scope of liability and further ensures that the law is
targeted to those who know they axe selling to minors who intend to
act unlawfully.

PRIOR LEGISLATIVE HISTORY: 2012 - S.1025-A - Referred to Judiciary
2010 - S.1871 - Referred to Judiciary 2008 - S.6528 - Referred to
Judiciary

FISCAL IMPLICATIONS: None to the State.

EFFECTIVE DATE: This act shall take effect on the first of January
next succeeding the date on which it shall have become a law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2334

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 16, 2013
                               ___________

Introduced  by  Sens.  KLEIN,  ADAMS,  ADDABBO,  BRESLIN,  DIAZ,  DILAN,
  HASSELL-THOMPSON, MONTGOMERY, PARKER, PERKINS, SAMPSON, SAVINO, SERRA-
  NO, SMITH,  STAVISKY,  STEWART-COUSINS,  VALESKY  --  read  twice  and
  ordered  printed, and when printed to be committed to the Committee on
  Judiciary

AN ACT to amend the general obligations law, in relation to compensation
  for injury caused by the illegal sale  of  alcoholic  beverages  to  a
  person under the age of twenty-one years

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 11-100 of the general  obligations
law,  as  amended by chapter 274 of the laws of 1985, is amended to read
as follows:
  1. Any person who shall be  injured  in  person,  property,  means  of
support  or  otherwise,  by  reason of the intoxication or impairment of
ability of any person under the age of twenty-one years, whether result-
ing in his OR HER death or not, shall have a right of action to  recover
actual damages against:
  (A) any person who knowingly causes such intoxication or impairment of
ability by unlawfully furnishing to or unlawfully assisting in procuring
alcoholic  beverages  for such INTOXICATED OR IMPAIRED person with know-
ledge or reasonable cause to believe that such person was under the  age
of twenty-one years[.]; OR
  (B)  ANY  PERSON  OR ENTITY THAT DISTRIBUTES OR MANUFACTURES MORE THAN
TEN FALSE IDENTIFICATION CARDS OR OTHER FORGED INSTRUMENTS, AS SUCH TERM
IS DEFINED IN SECTION 170.00 OF THE PENAL LAW, WHICH  MISREPRESENTS  THE
AGE  AND/OR  IDENTITY  OF  ANY PERSON, AND KNOWINGLY SELLS SUCH CARDS OR
INSTRUMENTS TO A PERSON UNDER THE AGE OF TWENTY-ONE YEARS, AND WHICH ARE
USED TO UNLAWFULLY PROCURE ALCOHOLIC BEVERAGES THAT CAUSE OR  CONTRIBUTE
TO  SUCH  OTHER  PERSON'S  INTOXICATION OR IMPAIRMENT OF ABILITY. ACTUAL
KNOWLEDGE OF THE SPECIFIC PROCUREMENT OF THE  ALCOHOLIC  BEVERAGES  THAT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00977-01-3

S. 2334                             2

CAUSE  OR  CONTRIBUTE  TO  THE  INTOXICATION  OR IMPAIRMENT SHALL NOT BE
NECESSARY.
  S  2.  Section  11-100  of  the  general obligations law is amended by
adding a new subdivision 1-a to read as follows:
  1-A. IN ANY ACTION COMMENCED PURSUANT TO PARAGRAPH (B) OF  SUBDIVISION
ONE  OF THIS SECTION, IT SHALL BE AN AFFIRMATIVE DEFENSE THAT THE PERSON
OR ENTITY PROVIDING AN IDENTIFICATION CARD OR INSTRUMENT STATING THAT  A
MINOR  IS  TWENTY-ONE  YEARS OF AGE OR OLDER SOLD OR PROVIDED SUCH IDEN-
TIFICATION CARD OR INSTRUMENT IN RELIANCE UPON A PHOTOGRAPHIC  IDENTIFI-
CATION  CARD  APPARENTLY  ISSUED  BY A GOVERNMENTAL ENTITY, WHICH STATED
THAT THE RECIPIENT WAS TWENTY-ONE YEARS OF AGE OR OLDER  AND  WHICH  WAS
SUBJECT  TO  A  TRANSACTION SCAN PURSUANT TO SECTION SIXTY-FIVE-B OF THE
ALCOHOLIC BEVERAGE CONTROL LAW.
  S 3. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.

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