S T A T E O F N E W Y O R K
________________________________________________________________________
5197--A
2017-2018 Regular Sessions
I N A S S E M B L Y
February 6, 2017
___________
Introduced by M. of A. CRESPO -- 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 AN 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 BELIEVES WITH MORAL
CERTAINTY 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 FOR A PERIOD OF TIME UP TO TWO HOURS.
(II) IF SUCH WRITTEN EVIDENCE IS NOT REDEEMED BY SUCH HOLDER WITHIN
FORTY-EIGHT HOURS OF TAKING POSSESSION OF SUCH WRITTEN EVIDENCE OF AGE,
A LICENSEE SHALL DELIVER SUCH WRITTEN EVIDENCE OF AGE TO THE LOCAL 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-
TY-FOUR HOURS OF SUCH DETERMINATION. IF IT IS DETERMINED TO BE FALSE OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07341-03-8
A. 5197--A 2
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.
§ 2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.