senate Bill S1952

2017-2018 Legislative Session

Authorizes alcoholic beverage licensees to confiscate written evidence of age which is false or fraudulent

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Alcoholism And Drug Abuse Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 23, 2018 print number 1952a
Mar 23, 2018 amend and recommit to alcoholism and drug abuse
Jan 03, 2018 referred to alcoholism and drug abuse
Jun 21, 2017 committed to rules
May 22, 2017 advanced to third reading
May 17, 2017 2nd report cal.
May 16, 2017 1st report cal.943
Jan 11, 2017 referred to alcoholism and drug abuse

Votes

view votes

May 16, 2017 - Alcoholism and Substance Abuse committee Vote

S1952
7
0
committee
7
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Alcoholism and Substance Abuse committee vote details

Alcoholism and Substance Abuse Committee Vote: May 16, 2017

S1952 - Details

See Assembly Version of this Bill:
A5197
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §65-b, ABC L
Versions Introduced in Other Legislative Sessions:
2011-2012: S7127, A10272
2013-2014: S5668, A4004
2015-2016: S1544, A6735
2019-2020: A5278

S1952 - Summary

Authorizes alcoholic beverage licensees to confiscate written evidence of age which is false or fraudulent; provides such written evidence of age shall be delivered to the police for verification, and returned to rightful holder or destroyed.

S1952 - Sponsor Memo

S1952 - Bill Text download pdf


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

                                  1952

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 11, 2017
                               ___________

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 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-
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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07341-01-7

S1952A (ACTIVE) - Details

See Assembly Version of this Bill:
A5197
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §65-b, ABC L
Versions Introduced in Other Legislative Sessions:
2011-2012: S7127, A10272
2013-2014: S5668, A4004
2015-2016: S1544, A6735
2019-2020: A5278

S1952A (ACTIVE) - Summary

Authorizes alcoholic beverage licensees to confiscate written evidence of age which is false or fraudulent; provides such written evidence of age shall be delivered to the police for verification, and returned to rightful holder or destroyed.

S1952A (ACTIVE) - Sponsor Memo

S1952A (ACTIVE) - Bill Text download pdf


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

                                 1952--A

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 11, 2017
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Alcoholism and Drug  Abuse
  --  recommitted  to  the  Committee  on  Alcoholism  and Drug Abuse in
  accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

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-

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

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