NY State Senate Bill 2015-S1544A

Senate Bill S1544A

2015-2016 Legislative Session

Authorizes alcoholic beverage licensees to confiscate written evidence of age which is false or fraudulent

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 17, 2016	committed to rules
Mar 07, 2016	advanced to third reading
Mar 02, 2016	2nd report cal.
Mar 01, 2016	1st report cal.252
Jan 19, 2016	print number 1544a
Jan 19, 2016	amend and recommit to alcoholism and drug abuse
Jan 06, 2016	referred to alcoholism and drug abuse
Jun 25, 2015	committed to rules
May 18, 2015	advanced to third reading
May 13, 2015	2nd report cal.
May 12, 2015	1st report cal.582
Jan 13, 2015	referred to alcoholism and drug abuse

Votes

- Mar 1, 2016 - Committee Vote
  S1544A
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Committee Vote: Mar 1, 2016
      
      aye (7)
      
      Amedore
      
      Bonacic
      
      Carlucci
      
      Croci
      
      Hassell-Thompson
      
      Parker
      
      Ritchie
  May 12, 2015 - Committee Vote
  S1544A
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Committee Vote: May 12, 2015
      
      aye (7)
      
      Amedore
      
      Bonacic
      
      Carlucci
      
      Croci
      
      Hassell-Thompson
      
      Parker
      
      Ritchie

Bill Amendments

Original

A (Active)

2015-S1544 - Details

See Assembly Version of this Bill:: A6735
Current Committee:: Senate Rules
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §65-b, ABC L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S7127, A10272
2013-2014: S5668, A4004
2017-2018: S1952, A5197
2019-2020: A5278

2015-S1544 - Summary

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.

2015-S1544 - Sponsor Memo

                                BILL NUMBER:S1544

TITLE OF BILL:

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

PURPOSE OR GENERAL IDEA OF BILL:

This bill creates a formalized system to be recognized in the law to
authorize the taking of a false identification card or identification
fraudulently offered as it relates to the purchase of alcoholic
beverages by those under the age of 21. Currently, false
identification may be taken and held by responsible businesses as a
response to the epidemic of false identification use to illegally
purchase alcoholic beverages by those under the age of 21. But such
practices are not clearly authorized by law and the issue of the
treating the confiscated fake ID card is open to question.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amends Alcoholic Beverage Control Law section 65-b to
clearly set out that a licensee may confiscate a false identification
card or identification not of the presenter if presented for the

purchase of alcohol by a person who is under the age of 21. Within 48
hours of such confiscation, the licensee must hand over the ID to
local law enforcement. At which point, such law enforcement agency may
destroy such fake ID if it is determined to be fraudulent or if valid
returned to its rightful owner. A person may petition, in writing, for
a return of such identification.

JUSTIFICATION:

Some responsible businesses have, for some time now, been screening
identification cards to ensure they do not sell or admit minors to
their establishments. Part of process has been to hold IDs if they are
determined to be fake. This is an effective method of deterring youth
from entering their businesses as it can be difficult to obtain a fake
ID and minors may avoid places known to practice this confiscation
practice. However, this practice may not be strictly lawful as
licensees are taking the property of another, even though it is
illegal property or property that can help to perpetrate an illegal
transaction (the sale of alcoholic beverages to a person under the age
of 21). This legislation will help to codify and sanction in the law
this practice and also ensures that real IDs that may have been stolen
are returned to their rightful owner.

The identification must be delivered to the local authorities within
48 hours to either destroy the fake ID cards or verify the
authenticity of real IDs.

Placing the IDs into the hands of law enforcement accomplishes several
goals. First, it allows law enforcement to look for trends in
documenting and the use of false identification documents. Further, it
prevents a secondary black market from developing for these ID cards


in which some licensee staff may be selling confiscated IDs back to
other minors who should not be purchasing alcoholic beverages. Lastly,
it allows for the return of possibly stolen property to its rightful
owner.

PRIOR LEGISLATIVE HISTORY:

Similar to S. 7127 of 2012. Same As S. 5668 - Passed Senate

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

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

2015-S1544 - Bill Text download pdf

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

                                  1544

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            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

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:

  Section  1.  Subdivision  2  of section 65-b of the alcoholic beverage
control law is amended by adding a new paragraph (d) to read as follows:
  (D) (I) IN ANY INSTANCE IN WHICH A PERSON PRESENTS  OR  OFFERS,  TO  A
LICENSEE,  OR TO AN AGENT OR EMPLOYEE OF SUCH LICENSEE, WRITTEN EVIDENCE
OF AGE WHICH, SUCH LICENSEE, AGENT OR EMPLOYEE REASONABLY BELIEVES TO BE
FALSE, FRAUDULENT OR NOT ACTUALLY SUCH  PERSON'S,  FOR  THE  PURPOSE  OF
PURCHASING  OR ATTEMPTING TO PURCHASE AN ALCOHOLIC BEVERAGE, SUCH LICEN-
SEE, AGENT OR EMPLOYEE MAY IMMEDIATELY CONFISCATE AND TAKE POSSESSION OF
SUCH WRITTEN EVIDENCE OF AGE. A SUCCESSFUL TRANSACTION  SCAN  SHALL  NOT
PRECLUDE THE REASONABLE CONFISCATION OF SUCH WRITTEN EVIDENCE OF AGE.
  (II)  WITHIN  FORTY-EIGHT  HOURS  OF TAKING POSSESSION OF SUCH WRITTEN
EVIDENCE OF AGE, A LICENSEE SHALL DELIVER SUCH WRITTEN EVIDENCE  OF  AGE
TO A LAW ENFORCEMENT AGENCY HAVING JURISDICTION OVER THE LOCATION OF THE
LICENSED PREMISES.
  (III)  EACH  LAW  ENFORCEMENT AGENCY TAKING POSSESSION OF SUCH WRITTEN
EVIDENCE OF AGE PURSUANT TO THIS PARAGRAPH SHALL DETERMINE THE  VALIDITY
OF  THE  WRITTEN  EVIDENCE WITH REGARD TO THE PERSON WHO PRESENTED IT TO
THE LICENSEE, AGENT OR EMPLOYEE. IF SUCH  WRITTEN  EVIDENCE  OF  AGE  IS
VALID, IT SHALL BE RETURNED TO THE RIGHTFUL HOLDER THEREOF, IN PERSON OR
BY  FIRST CLASS MAIL. IF IT IS FALSE OR FRAUDULENT, THE WRITTEN EVIDENCE
OF AGE SHALL BE DESTROYED.
  (IV) ANY PERSON WHO HAS HAD HIS OR HER WRITTEN EVIDENCE OF AGE CONFIS-
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.
                                                           LBD03946-01-5

S. 1544                             2

ENFORCEMENT  AGENCY  HAVING  POSSESSION THEREOF FOR ITS RETURN.  THE LAW
ENFORCEMENT AGENCY SHALL ACCEPT SUCH AN APPLICATION FOR  RETURNING  SUCH
WRITTEN  EVIDENCE  AND RENDER A DETERMINATION ON SUCH APPLICATION WITHIN
THIRTY DAYS OF THE RECEIPT OF SUCH APPLICATION.
  (V)  NO  LICENSEE, OR AGENT OR EMPLOYEE THEREOF, SHALL INCUR ANY CIVIL
OR CRIMINAL LIABILITY FOR THE CONFISCATION OF ANY  WRITTEN  EVIDENCE  OF
AGE PURSUANT TO THIS PARAGRAPH, UNLESS GROSS NEGLIGENCE SHALL BE PROVEN.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.

2015-S1544A (ACTIVE) - Details

See Assembly Version of this Bill:: A6735
Current Committee:: Senate Rules
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §65-b, ABC L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S7127, A10272
2013-2014: S5668, A4004
2017-2018: S1952, A5197
2019-2020: A5278

2015-S1544A (ACTIVE) - Summary

2015-S1544A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1544A

 TITLE OF BILL :  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

 PURPOSE OR GENERAL IDEA OF BILL :

This bill creates a formalized system to be recognized in statute to
authorize the taking of a false identification card or identification
fraudulently offered as it relates to the purchase of alcoholic
beverages by those under the age of 21. Currently, false
identification may be taken and held by responsible businesses as a
response to the epidemic of false identification use to illegally
purchase alcoholic beverages by those under the age of 21 or entering
a place that sells alcoholic beverages for on-premises consumption.
But such practices are not clearly authorized by law and the issue of
the treating the confiscated fake ID card is open to question.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1: Amends Alcoholic Beverage Control Law section 65-b to
clearly set out that a licensee that sells alcoholic beverages for off
or on-premises consumption may confiscate a false identification card
or identification not of the presenter if presented for the purchase

of alcohol by a person who is under the age of 21. Within 24 hours of
such confiscation, the licensee must hand over the ID to local law
enforcement. At which point, such law enforcement agency may destroy
such fake ID if it is determined to be fraudulent or if valid returned
to its rightful owner. A person may petition, in writing, for a return
of such identification.

This bill was amended to add additional procedural safe guards to
ensure that only illegal ID cards are confiscated and that bona fide
ID cards are quickly returned to their rightful owners.

 JUSTIFICATION :

Some responsible businesses have, for some time now, been screening
identification cards to ensure they do not sell or admit minors to
their establishments. Part of process has been to hold IDs if they are
determined to be fake or do not belong to the presenter who is trying
to get admission to a licensed premises that sells alcohol or attempts
to illegally purchase alcohol. This is an effective method of
deterring youth from entering their businesses as it can be difficult
(and expensive) to obtain a fake ID and minors will probably avoid
places known to practice this confiscation practice. However, this
practice may not clearly be deemed to be lawful as licensees are
taking the property of another, even though it is illegal property or
property that can help to perpetrate an illegal transaction (the sale
of alcoholic beverages to a person under the age of 21).

In addition, this legislation will help to codify and sanction in the
law this practice and, very importantly, ensures that real IDs that
may have been stolen are quickly returned to their rightful owner.

The identification must be delivered to the local authorities within
24 hours to either destroy the fake ID cards or verify the
authenticity of real IDs. Authentic ID cards shall be returned to the
rightful owner. And fake IDs can be destroyed by the local police, but
only after one year period of time to ensure that bona fide licenses
are retained by the police and can be returned to their rightful
owner.


There are several procedural safeguards to ensure that only fake IDs
are confiscated and bona fide IDs are quickly returned to their
rightful owners.

Placing the IDs into the hands of law enforcement accomplishes several
goals. First, it allows law enforcement to look for trends in
documenting and the use of false identification documents. Further, it
prevents a secondary black market from developing for these ID cards
in which some licensee staff may be selling confiscated IDs back to
other minors who should not be purchasing alcoholic beverages. Lastly,
it allows for the return of possibly stolen property to its rightful
owner.

 PRIOR LEGISLATIVE HISTORY :

Similar to S. 7127 of 2012. Same As S. 5668 - Passed Senate It also
passed the Senate in 2013 and 2014.

 FISCAL IMPLICATIONS :

None

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

2015-S1544A (ACTIVE) - Bill Text download pdf

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

                                 1544--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            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:

  Section  1.  Subdivision  2  of section 65-b of the alcoholic beverage
control law is amended by adding a new paragraph (d) to read as follows:
  (D) (I) IN ANY INSTANCE IN WHICH A PERSON PRESENTS  OR  OFFERS,  TO  A
LICENSEE,  OR TO AN AGENT OR EMPLOYEE OF SUCH LICENSEE, WRITTEN EVIDENCE
OF AGE WHICH, SUCH LICENSEE, AGENT OR EMPLOYEE REASONABLY BELIEVES TO BE
FALSE OR FRAUDULENT, FOR THE PURPOSE  OF  PURCHASING  OR  ATTEMPTING  TO
PURCHASE  AN  ALCOHOLIC  BEVERAGE,  SUCH LICENSEE, AGENT OR EMPLOYEE MAY
IMMEDIATELY CONFISCATE AND TAKE POSSESSION OF SUCH WRITTEN  EVIDENCE  OF
AGE.
  (II)  WITHIN  TWENTY-FOUR  HOURS  OF TAKING POSSESSION OF SUCH WRITTEN
EVIDENCE OF AGE, A LICENSEE SHALL DELIVER SUCH WRITTEN EVIDENCE  OF  AGE
TO A LAW ENFORCEMENT AGENCY HAVING JURISDICTION OVER THE LOCATION OF THE
LICENSED PREMISES.
  (III)  EACH  LAW  ENFORCEMENT AGENCY TAKING POSSESSION OF SUCH WRITTEN
EVIDENCE OF AGE PURSUANT TO THIS PARAGRAPH SHALL DETERMINE  THE  AUTHEN-
TICITY  OF  THE  WRITTEN  EVIDENCE.   IF SUCH WRITTEN EVIDENCE OF AGE IS
DETERMINED TO BE BONA FIDE AND AUTHENTIC, IT SHALL BE  RETURNED  TO  THE
RIGHTFUL  HOLDER  THEREOF, IN PERSON OR BY FIRST CLASS MAIL WITHIN TWEN-
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

S. 1544--A                          2

FRAUDULENT, THE WRITTEN EVIDENCE OF AGE SHALL BE RETAINED  BY  SUCH  LAW
ENFORCEMENT  AGENCY  AND MAY BE DESTROYED NO EARLIER THAN ONE YEAR AFTER
RECEIPT OF SUCH WRITTEN EVIDENCE.
  (IV) ANY PERSON WHO HAS HAD HIS OR HER WRITTEN EVIDENCE OF AGE CONFIS-
CATED  PURSUANT  TO  THIS  PARAGRAPH  MAY  PETITION, IN WRITING, THE LAW
ENFORCEMENT AGENCY HAVING POSSESSION THEREOF FOR ITS RETURN.    THE  LAW
ENFORCEMENT  AGENCY  SHALL ACCEPT SUCH AN APPLICATION FOR RETURNING SUCH
WRITTEN EVIDENCE AND RENDER A DETERMINATION ON SUCH  APPLICATION  WITHIN
FORTY-EIGHT  HOURS  OF THE RECEIPT OF SUCH APPLICATION.  IF SUCH WRITTEN
EVIDENCE IS DETERMINED TO BE  BONA  FIDE  AND  AUTHENTIC,  IT  SHALL  BE
RETURNED  TO THE OWNER THEREOF WITHIN TWENTY-FOUR HOURS OF SUCH DETERMI-
NATION.
  (V) NO LICENSEE, OR AGENT OR EMPLOYEE THEREOF, SHALL INCUR  ANY  CIVIL
OR  CRIMINAL  LIABILITY  FOR THE CONFISCATION OF ANY WRITTEN EVIDENCE OF
AGE PURSUANT TO THIS PARAGRAPH,  UNLESS  IT  IS  ESTABLISHED  THAT  SUCH
CONFISCATION  CONSTITUTED  GROSS  NEGLIGENCE  BY  THE LICENSEE, AGENT OR
EMPLOYEE.
  S 2. 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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