Senate Bill S1025

2011-2012 Legislative Session

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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Archive: Last Bill Status - In Senate Committee Judiciary 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

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 30, 2012	print number 1025a
Apr 30, 2012	amend and recommit to judiciary
Jan 04, 2012	referred to judiciary
Jan 05, 2011	referred to judiciary

Bill Amendments

Original

A (Active)

co-Sponsors

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2011-S1025 - Details

Current Committee:: Senate Judiciary
Law Section:: General Obligations Law
Laws Affected:: Amd §11-100, Gen Ob L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1871
2013-2014: S2334

2011-S1025 - 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.

2011-S1025 - Sponsor Memo

                                 BILL NUMBER:  S1025

 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 :
Extends dram shop liability to cover persons who sell false
identification to persons less than 21 years of age.

 SUMMARY OF PROVISIONS :
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 and directly or indirectly sold a minor false
identification which was used to obtain or procure alcoholic beverages
that led to the intoxication of the individual causing the injury. The
former paragraph 11-100(1) has been re-identified as paragraph 11-100
(1)(a).

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.

 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. NY Gen. Oblig. Law
sections 11-100 and 11-101. 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.
The earliest dram shop laws date from the 19th century temperance
movement. New York's was adopted in 1921 as section 16 of the Civil
Rights Law, and its substance was transferred to section 11-101 of the
General Obligations Law in 1964.

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. Under the law, even an
under-aged person who provides alcohol to another under-aged person
can be held liable to the victims.


In these cases, the seller or social provider of the actual alcohol to
the minor can be found liable for any injuries to a third party caused
by that intoxicated minor. But what about the instance where the
alcohol was obtained via fake identification? 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.

It is only reasonable that the state place responsibility for the
damages caused by underage intoxicants on those who not only profited
from the sale of the alcohol, as current laws do, but on those who
profited from the sale of the identification that enabled them to buy
the alcohol.

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. Plaintiffs argued that it was reasonably
foreseeable to Spencer Gifts when they placed this simulated driver's
license into the stream of commerce that it would be used by minors to
misrepresent their age to purchase alcohol, but 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.

As previously discussed, the proposed legislation would amend section
11-100 to provide a right of action by an injured party against any
person selling false identification to a minor which is subsequently
used to obtain alcohol. In doing so, this bill would further the goals
of existing Dram Shop laws that are intended to protect the general
public from the hazards of irresponsibly furnishing alcohol to minors
and intoxicated patrons.

 LEGISLATIVE HISTORY :
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 immediately.

2011-S1025 - Bill Text download pdf

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

                                  1025

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens.  KLEIN,  ADAMS,  ADDABBO,  BRESLIN,  DIAZ,  DILAN,
  HASSELL-THOMPSON, HUNTLEY, MONTGOMERY, OPPENHEIMER,  PARKER,  PERKINS,
  SAMPSON, SAVINO, SERRANO, 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 PRODUCES AND SELLS, DIRECTLY OR THROUGH
A THIRD PARTY, A FALSE IDENTIFICATION DOCUMENT, AS SUCH TERM IS  DEFINED
IN  SUBDIVISION  ONE  OF  SECTION ONE HUNDRED FORTY-THREE OF THE GENERAL
BUSINESS LAW, OR A FALSELY MADE, COMPLETED OR  ALTERED  WRITTEN  INSTRU-
MENT,  AS  SUCH TERMS ARE DEFINED IN SECTION 170.00 OF THE PENAL LAW, TO
ANOTHER PERSON UNDER THE AGE OF TWENTY-ONE YEARS  AND  THE  DOCUMENT  OR
INSTRUMENT  MISREPRESENTS  THE  AGE AND/OR IDENTITY OF SUCH OTHER PERSON

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

                                                           LBD04411-01-1

S. 1025                             2

AND IS 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  CAUSE OR CONTRIBUTE TO THE INTOXICATION OR IMPAIRMENT SHALL NOT BE
NECESSARY.
  S 2. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2011-S1025A (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: General Obligations Law
Laws Affected:: Amd §11-100, Gen Ob L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1871
2013-2014: S2334

2011-S1025A (ACTIVE) - 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.

2011-S1025A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1025A

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 are selling to minors who intend to
act unlawfully.

PRIOR LEGISLATIVE HISTORY:
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.

2011-S1025A (ACTIVE) - Bill Text download pdf

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

                                 1025--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens.  KLEIN,  ADAMS,  ADDABBO,  BRESLIN,  DIAZ,  DILAN,
  HASSELL-THOMPSON, HUNTLEY, MONTGOMERY, OPPENHEIMER,  PARKER,  PERKINS,
  SAMPSON, SAVINO, SERRANO, SMITH, STAVISKY, STEWART-COUSINS, VALESKY --
  read  twice  and  ordered printed, and when printed to be committed to
  the Committee on Judiciary -- recommitted to the Committee on  Judici-
  ary  in accordance with Senate Rule 6, sec. 8 -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee

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

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

                                                           LBD04411-04-2

S. 1025--A                          2

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
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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Senate Bill S1025

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Actions

Bill Amendments

co-Sponsors

2011-S1025 - Details

2011-S1025 - Summary

2011-S1025 - Sponsor Memo

2011-S1025 - Bill Text download pdf

co-Sponsors

2011-S1025A (ACTIVE) - Details

2011-S1025A (ACTIVE) - Summary

2011-S1025A (ACTIVE) - Sponsor Memo

2011-S1025A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Actions

Bill Amendments

co-Sponsors

2011-S1025 - Details

2011-S1025 - Summary

2011-S1025 - Sponsor Memo

2011-S1025 - Bill Text download pdf

co-Sponsors

2011-S1025A (ACTIVE) - Details

2011-S1025A (ACTIVE) - Summary

2011-S1025A (ACTIVE) - Sponsor Memo

2011-S1025A (ACTIVE) - Bill Text download pdf

Comments