senate Bill S5668

2013-2014 Legislative Session

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

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Archive: Last Bill Status - Passed Senate


  • 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 19, 2014 referred to economic development
delivered to assembly
passed senate
Feb 11, 2014 advanced to third reading
Feb 10, 2014 2nd report cal.
Feb 04, 2014 1st report cal.95
Jan 08, 2014 referred to alcoholism and drug abuse
returned to senate
died in assembly
Jun 24, 2013 referred to economic development
Jun 21, 2013 delivered to assembly
passed senate
ordered to third reading cal.1617
committee discharged and committed to rules
Jun 03, 2013 referred to alcoholism and drug abuse

Votes

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Feb 4, 2014 - Alcoholism and Drug Abuse committee Vote

S5668
5
1
committee
5
Aye
1
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Alcoholism and Drug Abuse committee vote details

Alcoholism and Drug Abuse Committee Vote: Feb 4, 2014

nay (1)

Jun 21, 2013 - Rules committee Vote

S5668
23
1
committee
23
Aye
1
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

S5668 - Bill Details

See Assembly Version of this Bill:
A4004A
Current Committee:
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd ยง65-b, ABC L
Versions Introduced in 2011-2012 Legislative Session:
S7127, A10272

S5668 - Bill Texts

view summary

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.

view sponsor memo
BILL NUMBER:S5668

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

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.

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

                                  5668

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 3, 2013
                               ___________

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.
                                                           LBD00976-02-3

S. 5668                             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.

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