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