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.
Ayes (62): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Nays (1): Montgomery
TITLE OF BILL: 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
PURPOSE OR GENERAL IDEA OF BILL:
This bill creates a formalized system to be recognized in the law to authorize the taking of a false identification card or identification fraudulently offered as it relates to the purchase of alcoholic beverages by those under the age of 21. Currently, false identification may be taken and held by responsible businesses as a response to the epidemic of false identification use to illegally purchase alcoholic beverages by those under the age of 21. But such practices are not clearly authorized by law and the issue of the treating the confiscated fake ID card is open to question.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Amends Alcoholic Beverage Control Law section 65-b to clearly set out that a licensee may confiscate a false identification card or identification not of the presenter if presented for the purchase of alcohol by a person who is under the age of 21. Within 48 hours of such confiscation, the licensee must hand over the ID to local law enforcement. At which point, such law enforcement agency may destroy such fake ID if it is determined to be fraudulent or if valid returned to its rightful owner. A person may petition, in writing, for a return of such identification.
Some responsible businesses have, for some time now, been screening identification cards to ensure they do not sell or admit minors to their establishments. Part of process has been to hold IDs if they are determined to be fake. This is an effective method of deterring youth from entering their businesses as it can be difficult to obtain a fake ID and minors may avoid places known to practice this confiscation practice. However, this practice may not be strictly lawful as licensees are taking the property of another, even though it is illegal property or property that can help to perpetrate an illegal transaction (the sale of alcoholic beverages to a person under the age of 21). This legislation will help to codify and sanction in the law this practice and also ensures that real IDs that may have been stolen are returned to their rightful owner.
The identification must be delivered to the local authorities within 48 hours to either destroy the fake ID cards or verify the authenticity of real IDs.
Placing the IDs into the hands of law enforcement accomplishes several goals. First, it allows law enforcement to look for trends in documenting and the use of false identification documents. Further, it prevents a secondary black market from developing for these ID cards in which some licensee staff may be selling confiscated IDs back to other minors who should not be purchasing alcoholic beverages. Lastly,
it allows for the return of possibly stolen property to its rightful owner.
PRIOR LEGISLATIVE HISTORY:
Similar to S. 7127 of 2012
This act shall take effect on the first of January next succeeding the date on which it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 5668 2013-2014 Regular Sessions IN SENATE June 3, 2013 ___________Introduced by Sen. KLEIN -- read twice and ordered printed, and when printed to be committed to the Committee on Alcoholism and Drug Abuse 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 SUCH LICENSEE, WRITTEN EVIDENCE OF AGE WHICH, SUCH LICENSEE, AGENT OR EMPLOYEE REASONABLY BELIEVES TO BE FALSE, FRAUDULENT OR NOT ACTUALLY SUCH PERSON'S, FOR THE PURPOSE OF PURCHASING OR ATTEMPTING TO PURCHASE AN ALCOHOLIC BEVERAGE, SUCH LICEN- SEE, AGENT OR EMPLOYEE MAY IMMEDIATELY CONFISCATE AND TAKE POSSESSION OF SUCH WRITTEN 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 SUCH WRITTEN EVIDENCE OF AGE, 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 SUCH WRITTEN EVIDENCE OF AGE PURSUANT TO THIS PARAGRAPH SHALL DETERMINE 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. IF 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, IN WRITING, THE LAWEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00976-02-3 S. 5668 2
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 THIRTY DAYS OF THE RECEIPT OF SUCH APPLICATION. (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 GROSS NEGLIGENCE SHALL BE PROVEN. S 2. This act shall take effect on the first of January next succeed- ing the date on which it shall have become a law.