assembly Bill A10871

2019-2020 Legislative Session

Relates to the use of biometric identity verification devices for the purchase of alcoholic beverages and tobacco products

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Current Bill Status - In Assembly Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 24, 2020 referred to economic development

A10871 (ACTIVE) - Details

Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §65-b, ABC L; amd §§1399-bb & 1399-cc, Pub Auth L

A10871 (ACTIVE) - Summary

Relates to the use of biometric identity verification devices for the purchase of alcoholic beverages and tobacco products; authorizes a licensee, its agent or employee to determine a person's age when purchasing alcoholic beverages or tobacco products by use of a biometric identity verification device; establishes where the use of the device indicates that the person is under the age of twenty-one, the attempted purchase of the alcoholic beverage shall be denied.

A10871 (ACTIVE) - Bill Text download pdf


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

                                  10871

                          I N  A S S E M B L Y

                              July 24, 2020
                               ___________

Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Walker) --
  read once and referred to the Committee on Economic Development

AN ACT to amend the alcoholic beverage control law and the public health
  law, in relation to the use of biometric identity verification devices
  for the purchase of alcoholic beverages and tobacco products

  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" MEANS A COMMERCIAL DEVICE
THAT INSTANTLY VERIFIES THE IDENTITY AND AGE OF A PERSON BY AN ELECTRON-
IC SCAN OF A BIOMETRIC OF SUCH PERSON, VIA A  FINGERPRINT,  IRIS  IMAGE,
FACIAL  IMAGE,  OR OTHER BIOMETRIC, OR ANY COMBINATION THEREOF, WHICH IS
REFERENCED AGAINST ANY RECORD DESCRIBED IN PARAGRAPH (B) OF  SUBDIVISION
TWO OF THIS SECTION, WHERE (I) THE AUTHENTICITY OF THE RECORD WAS PREVI-
OUSLY VERIFIED BY AN ELECTRONIC AUTHENTICATION PROCESS, (II) THE IDENTI-
TY  OF  THE RECORD HOLDER WAS PREVIOUSLY VERIFIED THROUGH A COMMERCIALLY
AVAILABLE KNOWLEDGE BASED ELECTRONIC AUTHENTICATION  PROCESS  AND  (III)
THE AUTHENTICATED RECORD WAS SECURELY LINKED TO BIOMETRICS CONTEMPORANE-
OUSLY COLLECTED FROM THE VERIFIED RECORD HOLDER.
  §  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets