S T A T E   O F   N E W   Y O R K
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                                 6735--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              April 1, 2015
                               ___________

Introduced  by M. of A. CRESPO -- Multi-Sponsored by -- M. of A. ARROYO,
  COLTON, COOK,  CROUCH,  FINCH,  GOODELL,  HOOPER,  JAFFEE,  MONTESANO,
  RIVERA, ROBINSON, THIELE -- read once and referred to the Committee on
  Economic  Development  --  recommitted  to  the  Committee on Economic
  Development in accordance with Assembly Rule 3, sec.  2  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  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  OR  FRAUDULENT,  FOR  THE  PURPOSE OF PURCHASING OR ATTEMPTING TO
PURCHASE AN ALCOHOLIC BEVERAGE, SUCH LICENSEE,  AGENT  OR  EMPLOYEE  MAY
IMMEDIATELY  CONFISCATE  AND TAKE POSSESSION OF SUCH WRITTEN EVIDENCE OF
AGE.
  (II) WITHIN TWENTY-FOUR 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 AUTHEN-
TICITY OF THE WRITTEN EVIDENCE.   IF SUCH WRITTEN  EVIDENCE  OF  AGE  IS
DETERMINED  TO  BE  BONA FIDE AND AUTHENTIC, IT SHALL BE RETURNED TO THE
RIGHTFUL HOLDER THEREOF, IN PERSON OR BY FIRST CLASS MAIL  WITHIN  TWEN-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03946-05-5
              

A. 6735--A                          2

TY-FOUR HOURS OF SUCH DETERMINATION.  IF IT IS DETERMINED TO BE FALSE OR
FRAUDULENT,  THE  WRITTEN  EVIDENCE OF AGE SHALL BE RETAINED BY SUCH LAW
ENFORCEMENT AGENCY AND MAY BE DESTROYED NO EARLIER THAN ONE  YEAR  AFTER
RECEIPT OF SUCH WRITTEN EVIDENCE.
  (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
FORTY-EIGHT  HOURS  OF THE RECEIPT OF SUCH APPLICATION.  IF SUCH WRITTEN
EVIDENCE IS DETERMINED TO BE  BONA  FIDE  AND  AUTHENTIC,  IT  SHALL  BE
RETURNED  TO THE OWNER THEREOF WITHIN TWENTY-FOUR HOURS OF SUCH DETERMI-
NATION.
  (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  IT  IS  ESTABLISHED  THAT  SUCH
CONFISCATION  CONSTITUTED  GROSS  NEGLIGENCE  BY  THE LICENSEE, AGENT OR
EMPLOYEE.
  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.