assembly Bill A5983

2021-2022 Legislative Session

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

download bill text pdf

Sponsored By

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

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 05, 2022 referred to economic development
Mar 04, 2021 referred to economic development

A5983 (ACTIVE) - Details

Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §65-b, ABC L; amd §§1399-bb & 1399-cc, Pub Auth L
Versions Introduced in 2019-2020 Legislative Session:
A10871

A5983 (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.

A5983 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5983
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 4, 2021
                                ___________
 
 Introduced by 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.