Senate Bill S1952

2017-2018 Legislative Session

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

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


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2017-S1952 - Details

See Assembly Version of this Bill:
A5197
Current Committee:
Senate Alcoholism And Drug Abuse
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

2017-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.

2017-S1952 - Sponsor Memo

2017-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
              

2017-S1952A (ACTIVE) - Details

See Assembly Version of this Bill:
A5197
Current Committee:
Senate Alcoholism And Drug Abuse
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

2017-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.

2017-S1952A (ACTIVE) - Sponsor Memo

2017-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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