S T A T E   O F   N E W   Y O R K
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                                   5278
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2019
                                ___________
 
 Introduced by M. of A. CRESPO -- read once and referred to the Committee
   on Economic Development
 
 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
 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.
              

                                                            LBD08892-01-9

 A. 5278                             2
 
   (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.