S T A T E O F N E W Y O R K
________________________________________________________________________
8724
2019-2020 Regular Sessions
I N A S S E M B L Y
November 25, 2019
___________
Introduced by M. of A. FALL -- read once and referred to the Committee
on Cities
AN ACT to amend the administrative code of the city of New York, the
general business law, the alcoholic beverage control law and the
public health law, in relation to acceptance of New York city identity
cards as valid written evidence of age or identification
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision f of section 3-115 of the administrative code
of the city of New York is amended by adding a new paragraph 4 to read
as follows:
(4) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, A VALID NEW
YORK CITY IDENTITY CARD SHALL BE ACCEPTED AS VALID WRITTEN EVIDENCE OF
AGE OR IDENTIFICATION IN ANY SITUATION WHERE AN INDIVIDUAL IS REQUIRED
TO FURNISH WRITTEN EVIDENCE OF AGE OR IDENTIFICATION.
§ 2. The general business law is amended by adding a new section 390-d
to read as follows:
§ 390-D. ACCEPTANCE OF NEW YORK CITY IDENTITY CARDS. NOTWITHSTANDING
ANY PROVISION OF LAW TO THE CONTRARY, A VALID NEW YORK CITY IDENTITY
CARD ISSUED PURSUANT TO SECTION 3-115 OF THE ADMINISTRATIVE CODE OF THE
CITY OF NEW YORK SHALL BE ACCEPTED AS VALID WRITTEN EVIDENCE OF AGE OR
IDENTIFICATION IN ANY SITUATION WHERE AN INDIVIDUAL IS REQUIRED TO
FURNISH WRITTEN EVIDENCE OF AGE OR IDENTIFICATION.
§ 3. Paragraph (b) of subdivision 2 of section 65-b of the alcoholic
beverage control law, as amended by chapter 519 of the laws of 1999, is
amended to read as follows:
(b) No licensee, or agent or employee of such licensee shall accept as
written evidence of age by any such person for the purchase of any alco-
holic beverage, any documentation other than: (i) a valid driver's
license or non-driver identification card issued by the commissioner of
motor vehicles, the federal government, any United States territory,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13945-03-9
A. 8724 2
commonwealth or possession, the District of Columbia, a state government
within the United States or a provincial government of the dominion of
Canada, or (ii) a valid passport issued by the United States government
or any other country, or (iii) an identification card issued by the
armed forces of the United States, OR (IV) A VALID NEW YORK CITY IDENTI-
TY CARD ISSUED PURSUANT TO SECTION 3-115 OF THE ADMINISTRATIVE CODE OF
THE CITY OF NEW YORK. Upon the presentation of such driver's license or
non-driver identification card issued by a governmental entity, such
licensee or agent or employee thereof may perform a transaction scan as
a precondition to the sale of any alcoholic beverage. Nothing in this
section shall prohibit a licensee or agent or employee from performing
such a transaction scan on any of the other documents listed in this
subdivision if such documents include a bar code or magnetic strip that
[that] may be scanned by a device capable of deciphering any electron-
ically readable format.
§ 4. Subdivision 3 of section 1399-cc of the public health law, as
amended by chapter 542 of the laws of 2014, is amended to read as
follows:
3. Sale of tobacco products, herbal cigarettes, liquid nicotine,
shisha or electronic cigarettes in such places, other than by a vending
machine, shall be made only to an individual who demonstrates, through
(a) a valid driver's license or non-driver's identification card issued
by the commissioner of motor vehicles, the federal government, any
United States territory, commonwealth or possession, the District of
Columbia, a state government within the United States or a provincial
government of the dominion of Canada, or (b) a valid passport issued by
the United States government or any other country, or (c) an identifica-
tion card issued by the armed forces of the United States, OR (D) A
VALID NEW YORK CITY IDENTITY CARD ISSUED PURSUANT TO SECTION 3-115 OF
THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, indicating that the
individual is at least eighteen years of age. Such identification need
not be required of any individual who reasonably appears to be at least
twenty-five years of age, provided, however, that such appearance shall
not constitute a defense in any proceeding alleging the sale of a tobac-
co product, herbal cigarettes, liquid nicotine, shisha or electronic
cigarettes to an individual under eighteen years of age.
§ 5. Subdivision 3 of section 1399-cc of the public health law, as
amended by chapter 100 of the laws of 2019, is amended to read as
follows:
3. Sale of tobacco products, herbal cigarettes, liquid nicotine,
shisha or electronic cigarettes in such places, other than by a vending
machine, shall be made only to an individual who demonstrates, through
(a) a valid driver's license or non-driver's identification card issued
by the commissioner of motor vehicles, the federal government, any
United States territory, commonwealth or possession, the District of
Columbia, a state government within the United States or a provincial
government of the dominion of Canada, or (b) a valid passport issued by
the United States government or any other country, or (c) an identifica-
tion card issued by the armed forces of the United States, OR (D) A
VALID NEW YORK CITY IDENTITY CARD ISSUED PURSUANT TO SECTION 3-115 OF
THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, indicating that the
individual is at least twenty-one years of age. Such identification need
not be required of any individual who reasonably appears to be at least
twenty-five years of age, provided, however, that such appearance shall
not constitute a defense in any proceeding alleging the sale of a tobac-
A. 8724 3
co product, herbal cigarettes, liquid nicotine, shisha or electronic
cigarettes to an individual under twenty-one years of age.
§ 6. This act shall take effect immediately, provided that section
five of this act shall take effect on the same date and in the same
manner as section 4 of chapter 100 of the laws of 2019.