|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to health|
|Feb 04, 2013||referred to health|
senate Bill S3493
Archive: Last Bill Status - In Senate Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S3493 - Details
- See Assembly Version of this Bill:
- Law Section:
- Public Health Law
- Laws Affected:
- Amd §§1399-cc & 1399-ee, Pub Health L; amd §65, ABC L
S3493 - Sponsor Memo
BILL NUMBER:S3493 TITLE OF BILL: An act to amend the public health law and the alcoholic beverage control law, in relation to requiring the presentation of photographic identification for the purchase of tobacco products and alcoholic beverages PURPOSE: To further reduce the incidence of underage sales of tobacco products and alcoholic beverages by requiring customers of all ages to present, prior to purchase, valid ID verifying that they are of legal age, and to provide for prompt notification to retailers of alleged sales to minors so that they may take immediate action to remove, disci- pline or retrain the offending employee in order to prevent a recur- rence. SUMMARY OF PROVISIONS: Section 1 amends Section 1399-cc of the public health law to require all tobacco purchasers to present valid identification for age verification purchases, and to require prompt notification of the retailer in the event of an underage sale - within 10 days of the sting operation that precipitates the alleged violation. Section 2 amends Section 1399-ee of the public health law to establish an affirmative defense for a retail tobacco dealer accused of an under- age sale if the purchaser appeared to be at least 40 years of age.
S3493 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3493 2013-2014 Regular Sessions I N S E N A T E February 4, 2013 ___________ Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law and the alcoholic beverage control law, in relation to requiring the presentation of photographic iden- tification for the purchase of tobacco products and alcoholic beverag- es THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 1399-cc of the public health law, as amended by chapter 131 of the laws of 2011, subdivisions 2, 3, 4 and 7 as amended by chapter 448 of the laws of 2012, is amended to read as follows: S 1399-cc. Sale of tobacco products, herbal cigarettes, shisha, roll- ing papers or smoking paraphernalia to minors prohibited. 1. As used in this section: (a) "A device capable of deciphering any electronically readable format" or "device" shall mean any commercial device or combination of devices used at a point of sale or entry that is capable of reading the information encoded on the bar code or magnetic strip of a driver's license or non-driver identification card issued by the state commis- sioner of motor vehicles; (b) "Card holder" means any person presenting a driver's license or non-driver identification card to a licensee, or to the agent or employ- ee of such licensee under this chapter; (c) "Smoking paraphernalia" means any pipe, water pipe, hookah, roll- ing papers, vaporizer or any other device, equipment or apparatus designed for the inhalation of tobacco; and (d) "Transaction scan" means the process involving an automated bar code reader by which a licensee, or agent or employee of a licensee under this chapter reviews a driver's license or non-driver identifica- tion card presented as a precondition for the purchase of a tobacco EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08238-02-3
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