Assembly Bill A2621

2023-2024 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 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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2023-A2621 (ACTIVE) - Details

See Senate Version of this Bill:
S6656
Current Committee:
Assembly Economic Development
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §65-b, ABC L; amd §§1399-bb & 1399-cc, Pub Auth L
Versions Introduced in Other Legislative Sessions:
2019-2020: A10871, S6007
2021-2022: A5983, S1817

2023-A2621 (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.

2023-A2621 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2621
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 26, 2023
                                ___________
 
 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  AND  IS  STORED  IN  A
 CENTRALIZED, HIGHLY SECURED, ENCRYPTED BIOMETRIC DATABASE.
   §  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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05790-01-3
 A. 2621                             2
 
              

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