Assembly Bill A11162

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11162
 
                           I N  A S S E M B L Y
 
                               June 12, 2018
                                ___________
 
 Introduced by COMMITTEE ON RULES -- (at request of M. of A. Schimminger)
   -- read once and referred to the Committee on Economic Development
 
 AN  ACT  to amend the alcoholic beverage control law, in relation to the
   use of biometric identity verification devices  for  the  purchase  of
   alcoholic beverages
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 65-b  of  the  alcoholic  beverage
 control law is amended by adding a new paragraph (d) to read as follows:
   (D) "BIOMETRIC IDENTITY VERIFICATION DEVICE" SHALL MEAN ANY COMMERCIAL
 DEVICE  USED  AT  A  POINT  OF SALE OR ENTRY THAT INSTANTLY VERIFIES THE
 IDENTITY AND AGE OF A PERSON USING: (I) AN ELECTRONIC SCAN OF  A  BIOME-
 TRIC  OF SUCH PERSON, INCLUDING A FINGERPRINT, IRIS IMAGE, FACIAL IMAGE,
 OR OTHER BIOMETRIC, OR ANY COMBINATION THEREOF, AND (II) A  COMMERCIALLY
 AVAILABLE KNOWLEDGE BASED ELECTRONIC AUTHENTICATION PROCESS, AS APPROVED
 BY  THE  AUTHORITY,  WHEREIN THE BIOMETRIC SCAN OF SUCH PERSON IS REFER-
 ENCED AGAINST ANY RECORD AS DESCRIBED IN PARAGRAPH  (B)  OF  SUBDIVISION
 TWO OF THIS SECTION.
   §  2.  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) IN LIEU OF OR IN ADDITION TO ACCEPTING WRITTEN EVIDENCE OF AGE  AS
 SET FORTH IN PARAGRAPH (B) OF THIS SUBDIVISION, A LICENSEE, ITS AGENT OR
 EMPLOYEE  MAY  DETERMINE  A  PERSON'S AGE BY USE OF A BIOMETRIC IDENTITY
 VERIFICATION DEVICE. IN ANY INSTANCE WHERE THE USE OF THE  DEVICE  INDI-
 CATES  THAT  THE  PERSON  IS  UNDER  THE  AGE  OF  TWENTY-ONE YEARS, THE
 ATTEMPTED PURCHASE OF THE ALCOHOLIC BEVERAGE SHALL BE DENIED.
   § 3. Subdivision 7 of section 65-b of the alcoholic  beverage  control
 law,  as added by chapter 519 of the laws of 1999, is amended to read as
 follows:
   7. (a) In any  proceeding  pursuant  to  subdivision  one  of  section
 sixty-five of this article, it shall be an affirmative defense that: (I)
 THE  LICENSEE, ITS AGENT OR EMPLOYEE HAD DETERMINED SUCH PERSON'S AGE BY
 MEANS OF A BIOMETRIC IDENTITY VERIFICATION DEVICE OR  THAT  such  person
 had produced a driver's license or non-driver identification card appar-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16195-01-8

 A. 11162                            2
 
 ently issued by a governmental entity, successfully completed the trans-
 action  scan, and (II) that the alcoholic beverage had been sold, deliv-
 ered or given to such person in reasonable  reliance  upon  EITHER  such
 BIOMETRIC IDENTITY VERIFICATION DEVICE OR SUCH identification and trans-
 action  scan.  In  evaluating  the  applicability  of  such  affirmative
 defense, the liquor authority shall take into consideration any  written
 policy adopted and implemented by the seller to carry out the provisions
 of this chapter. Use of a transaction scan OR BIOMETRIC IDENTITY VERIFI-
 CATION DEVICE shall not excuse any licensee under this chapter, or agent
 or  employee of such licensee, from the exercise of reasonable diligence
 otherwise  required  by  this   section.   Notwithstanding   the   above
 provisions,  any such affirmative defense shall not be applicable in any
 other civil or criminal proceeding, or in any other forum.
   (b) A licensee or agent or employee of a licensee  may  electronically
 or  mechanically  record and maintain only the information OBTAINED from
 USING a transaction  scan  OR  BIOMETRIC  IDENTITY  VERIFICATION  DEVICE
 necessary  to  effectuate the purposes of this section. Such information
 shall be limited to the following: (i) name, (ii) date of  birth,  (iii)
 driver's  license  or non-driver identification number, and (iv) expira-
 tion date. The liquor authority and  the  state  commissioner  of  motor
 vehicles shall jointly promulgate any regulation necessary to govern the
 recording  and  maintenance  of  these  records by a licensee under this
 chapter. The liquor authority  and  the  commissioner  of  health  shall
 jointly  promulgate  any regulations necessary to ensure quality control
 in the use of transaction scan devices OR BIOMETRIC  IDENTITY  VERIFICA-
 TION DEVICES.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately the addition, amendment  and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.