Assembly Bill A10272

2011-2012 Legislative Session

Authorizes alcoholic beverage licensees to confiscate written evidence of age which is false, fraudulent or not the presenter's

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Archive: Last 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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2011-A10272 (ACTIVE) - Details

See Senate Version of this Bill:
S7127
Current Committee:
Assembly Economic Development
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §65-b, ABC L
Versions Introduced in Other Legislative Sessions:
2013-2014: A4004, S5668
2015-2016: A6735, S1544
2017-2018: A5197, S1952
2019-2020: A5278

2011-A10272 (ACTIVE) - Summary

Authorizes alcoholic beverage licensees to confiscate written evidence of age which is false, fraudulent or not the presenter's; provides such written evidence of age shall be delivered to the police for verification, and returned to rightful holder or destroyed.

2011-A10272 (ACTIVE) - Bill Text download pdf 

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

                                  10272

                          I N  A S S E M B L Y

                              May 17, 2012
                               ___________

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  ANY  INSTANCE IN WHICH A PERSON PRESENTS OR OFFERS, TO A
LICENSEE, OR TO AN AGENT OR EMPLOYEE OF A LICENSEE, WRITTEN EVIDENCE  OF
AGE  WHICH, AFTER BEING SUBJECTED TO A TRANSACTION SCAN PURSUANT TO THIS
SECTION, SUCH LICENSEE, AGENT OR EMPLOYEE REASONABLY BELIEVES IS  FALSE,
FRAUDULENT  OR NOT ACTUALLY SUCH PERSON'S, FOR THE PURPOSE OF PURCHASING
OR ATTEMPTING TO PURCHASE ANY ALCOHOLIC BEVERAGE, SUCH  LICENSEE,  AGENT
OR EMPLOYEE MAY IMMEDIATELY CONFISCATE AND TAKE POSSESSION OF SUCH WRIT-
TEN  EVIDENCE  OF  AGE. A SUCCESSFUL TRANSACTION SCAN SHALL NOT PRECLUDE
THE REASONABLE CONFISCATION OF SUCH WRITTEN EVIDENCE OF AGE.
  (II) WITHIN FORTY-EIGHT HOURS OF TAKING POSSESSION OF WRITTEN EVIDENCE
OF AGE WHICH IS FALSE, FRAUDULENT OR NOT THE PRESENTER'S OWN, A LICENSEE
SHALL DELIVER SUCH WRITTEN EVIDENCE OF AGE TO A LAW  ENFORCEMENT  AGENCY
HAVING JURISDICTION OVER THE LOCATION OF THE LICENSED PREMISES.
  (III)  EACH  LAW  ENFORCEMENT  AGENCY  TAKING  POSSESSION  OF  WRITTEN
EVIDENCE OF AGE PURSUANT TO THIS PARAGRAPH SHALL CONDUCT AN ANALYSIS  OF
THE  VALIDITY  OF  THE  WRITTEN  EVIDENCE  WITH REGARD TO THE PERSON WHO
PRESENTED IT TO  THE  LICENSEE,  AGENT  OR  EMPLOYEE.  IF  SUCH  WRITTEN
EVIDENCE  OF  AGE  IS VALID, IT SHALL BE RETURNED TO THE RIGHTFUL HOLDER
THEREOF, IN PERSON OR BY FIRST CLASS MAIL. IT IT IS FALSE OR FRAUDULENT,
THE WRITTEN EVIDENCE OF AGE SHALL BE DESTROYED.
  (IV) ANY PERSON WHO HAS HAD HIS OR HER WRITTEN EVIDENCE OF AGE CONFIS-
CATED PURSUANT TO THIS PARAGRAPH MAY PETITION, ORALLY OR IN WRITING, THE
LAW ENFORCEMENT AGENCY HAVING POSSESSION THEREOF FOR ITS RETURN.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15061-03-2

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