S T A T E O F N E W Y O R K
________________________________________________________________________
4004--A
2013-2014 Regular Sessions
I N A S S E M B L Y
January 30, 2013
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Introduced by M. of A. CRESPO, COOK, JAFFEE, ROBINSON, MONTESANO,
RIVERA, COLTON, FINCH, BOYLAND, GOODELL, ROBERTS -- Multi-Sponsored by
-- M. of A. ARROYO, CROUCH, GABRYSZAK, GIBSON, HOOPER, THIELE -- read
once and referred to the Committee on Economic Development -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted to said committee
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00976-03-3
A. 4004--A 2
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
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.