Senate Bill S1544A

                                 BILL NUMBER:  S1544A

 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 statute 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 or entering
a place that sells alcoholic beverages for on-premises consumption.
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 that sells alcoholic beverages for off
or on-premises consumption 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 24 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.

This bill was amended to add additional procedural safe guards to
ensure that only illegal ID cards are confiscated and that bona fide
ID cards are quickly returned to their rightful owners.

 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 or do not belong to the presenter who is trying
to get admission to a licensed premises that sells alcohol or attempts
to illegally purchase alcohol. This is an effective method of
deterring youth from entering their businesses as it can be difficult
(and expensive) to obtain a fake ID and minors will probably avoid
places known to practice this confiscation practice. However, this
practice may not clearly be deemed to be 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).

In addition, this legislation will help to codify and sanction in the
law this practice and, very importantly, ensures that real IDs that
may have been stolen are quickly returned to their rightful owner.

The identification must be delivered to the local authorities within
24 hours to either destroy the fake ID cards or verify the
authenticity of real IDs. Authentic ID cards shall be returned to the
rightful owner. And fake IDs can be destroyed by the local police, but
only after one year period of time to ensure that bona fide licenses
are retained by the police and can be returned to their rightful
owner.


There are several procedural safeguards to ensure that only fake IDs
are confiscated and bona fide IDs are quickly returned to their
rightful owners.

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. Same As S. 5668 - Passed Senate It also
passed the Senate in 2013 and 2014.

 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.