senate Bill S7127

2011-2012 Legislative Session

Authorizes alcoholic beverage licensees to confiscate written evidence of age which is false, fraudulent or not the presenter's

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 04, 2012 reported and committed to finance
Apr 30, 2012 referred to alcoholism and drug abuse

Votes

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Jun 4, 2012 - Alcoholism and Drug Abuse committee Vote

S7127
6
0
committee
6
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Alcoholism and Drug Abuse Committee Vote: Jun 4, 2012

S7127 - Bill Details

See Assembly Version of this Bill:
A10272
Current Committee:
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd ยง65-b, ABC L

S7127 - Bill Texts

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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.

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BILL NUMBER:S7127

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 legalizes and creates a system for the taking of false
identification or identification fraudulently offered. Currently,
false identification is taken and held by responsible businesses as a
response to the epidemic of false identification use.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1- A licensee may confiscate a false identification or
identification not of the presenter if presented for the purchase of
alcohol and subjected to a transactional scan. Within 48 Hours the
licensee must hand over the ID to local law enforcement which
destroys it if it's invalid, or returns it if valid. A person may
petition for earlier return of the identification.

JUSTIFICATION:
Responsible businesses have for some time been screening
identification 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 confiscation.
However, this practice is not strictly lawful as licensees are taking
the property of another, even though it is illegal property. This
legislation validates the practice and also ensures that real IDs
that may have stolen are returned to their owner.

To safeguard the process as much as possible, a transactional scan is
required of the identification which sets a floor to catch the
obvious fake IDs. However, there remains discretion to confiscate
real IDs that the licensee believes to be offered fraudulently. In
either case, the identification must be delivered to the local
authorities within 48 hours to either destroy the fakes 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 false
identification. It prevents a secondary black market for these IDs in
which some licensee staff may be selling confiscated IDs back to the
minor. Lastly, it allows for the return of possibly stolen property.

PRIOR LEGISLATIVE HISTORY:

New Bill.

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.

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

                                  7127

                            I N  S E N A T E

                             April 30, 2012
                               ___________

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 A LICENSEE, WRITTEN EVIDENCE OF
AGE WHICH, AFTER BEING SUBJECTED TO A TRANSACTION SCAN PURSUANT TO  THIS
SECTION,  SUCH LICENSEE, AGENT OR EMPLOYEE REASONABLY BELIEVES IS FALSE,
FRAUDULENT OR NOT ACTUALLY SUCH PERSON'S, FOR THE PURPOSE OF  PURCHASING
OR  ATTEMPTING  TO PURCHASE ANY ALCOHOLIC BEVERAGE, SUCH LICENSEE, AGENT
OR EMPLOYEE MAY IMMEDIATELY CONFISCATE AND TAKE POSSESSION OF SUCH WRIT-
TEN 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 WRITTEN EVIDENCE
OF AGE WHICH IS FALSE, FRAUDULENT OR NOT THE PRESENTER'S OWN, 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  WRITTEN
EVIDENCE  OF AGE PURSUANT TO THIS PARAGRAPH SHALL CONDUCT AN ANALYSIS OF
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. IT 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, ORALLY OR IN WRITING, THE
LAW ENFORCEMENT AGENCY HAVING POSSESSION THEREOF FOR ITS RETURN.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15061-03-2

S. 7127                             2

  (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.

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