NY State Senate Bill 2015-S684

Senate Bill S684

2015-2016 Legislative Session

Requires the presentation of photographic identification for the purchase of tobacco products and alcoholic beverages

download bill text pdf

Archive: Last Bill Status - In Senate Committee Health 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to health
Jan 07, 2015	referred to health

2015-S684 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §§1399-cc & 1399-ee, Pub Health L; amd §65, ABC L

2015-S684 (ACTIVE) - Summary

Requires the presentation of photographic identification for the purchase of tobacco products and alcoholic beverages.

2015-S684 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S684

 TITLE OF BILL :  An act to amend the public health law and the
alcoholic beverage control law, in relation to requiring the
presentation of photographic identification for the purchase of
tobacco products and alcoholic beverages

 PURPOSE :

To further reduce the incidence of underage sales of tobacco products
and alcoholic beverages by requiring customers of all ages to present,
prior to purchase, valid ID verifying that they are of legal age, and
to provide for prompt notification to retailers of alleged sales to
minors so that they may take immediate action to remove, discipline or
retrain the offending employee in order to prevent a recurrence.

 SUMMARY OF PROVISIONS :

Section 1 amends Section 1399-cc of the public health law to require
all tobacco purchasers to present valid identification for age
verification purchases, and to require prompt notification of the
retailer in the event of an underage sale - within 10 days of the
sting operation that precipitates the alleged violation.

Section 2 amends Section 1399-ee of the public health law to establish
an affirmative defense for a retail tobacco dealer accused of an

underage sale if the purchaser appeared to be at least 40 years of
age.

Section 3 amends Section 65 of the alcoholic beverage control law to
require all off-premise beer, wine products, wine or liquor purchasers
to present valid identification for age verification purposes, to
require notification of the licensee within 10 days of an alleged
underage sale violation, and to establish an affirmative defense for a
licensee accused of an underage sale if the purchaser appeared to be
at least 40 years of age.

Section 4 provides that this legislation shall take effect
immediately.

 JUSTIFICATION :

At present, New York State law requires stores to ID any tobacco
customer who appears to be under 25 years of age and any alcoholic
beverage customer who appears to be under 21. Even with proper
training, this ultimately requires guesswork on the part of store
cashiers, and if they guess wrong, cigarettes or beer end up in the
hands of a minor. Making it mandatory for tobacco and alcohol
customers to present their ID, regardless of their age, will eliminate
the guesswork and thereby further reduce the risk of underage sales.

Retail stores would still be held accountable for selling tobacco to
persons under 18 or alcohol to persons under 21, including fines and
possible license suspension. The bill would apply to all retail
tobacco dealers and to all establishments licensed to sell beer, wine
products, wine, and or liquor for off-premise consumption.

In some cases, many months go by before retail stores are notified
that one of their employees allegedly sold alcohol to an undercover
minor in violation of their training, their store policy, and the law.
Failing to promptly notify management allows that employee to remain
on the job and potentially continue selling to minors. The 10-day
notification window proposed is designed to strike a balance between
the enforcement agency's administrative limitations and the retailer's
need to take swift action to prevent a recurrence.

The reason for granting an affirmative defense in the event a sale is
made to persons 40 or older who refuse to present photo ID is because
in other states that have enacted mandatory ID, there has been a
backlash from older customers objecting to be proofed each time they
make a tobacco or alcohol purchase.

 LEGISLATIVE HISTORY :

2013-14: S.3493/A.7107 Referred to Health/Referred to Health

 FISCAL IMPLICATIONS :

None.

 LOCAL FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Immediate.

2015-S684 (ACTIVE) - Bill Text download pdf

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

                                   684

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law and the alcoholic beverage control
  law, in relation to requiring the presentation of  photographic  iden-
  tification for the purchase of tobacco products and alcoholic beverag-
  es

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 1399-cc of the public health  law,  as  amended  by
chapter 542 of the laws of 2014, is amended to read as follows:
  S  1399-cc.  Sale of tobacco products, herbal cigarettes, liquid nico-
tine, shisha, rolling papers or smoking paraphernalia to minors  prohib-
ited. 1.  As used in this section:
  (a)  "A  device  capable  of  deciphering  any electronically readable
format" or "device" shall mean any commercial device or  combination  of
devices  used at a point of sale or entry that is capable of reading the
information encoded on the bar code or  magnetic  strip  of  a  driver's
license  or  non-driver  identification card issued by the state commis-
sioner of motor vehicles;
  (b) "Card holder" means any person presenting a  driver's  license  or
non-driver identification card to a licensee, or to the agent or employ-
ee of such licensee under this chapter;
  (c)  "Smoking paraphernalia" means any pipe, water pipe, hookah, roll-
ing papers, vaporizer  or  any  other  device,  equipment  or  apparatus
designed for the inhalation of tobacco;
  (d)  "Transaction  scan"  means the process involving an automated bar
code reader by which a licensee, or agent  or  employee  of  a  licensee
under  this chapter reviews a driver's license or non-driver identifica-
tion card presented as a precondition for  the  purchase  of  a  tobacco

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01046-02-5

S. 684                              2

product  or  herbal  cigarettes  pursuant  to  subdivision three of this
section; and
  (e)  "Liquid  nicotine",  "electronic  liquid"  or  "e-liquid" means a
liquid composed of nicotine and other chemicals, and which is sold as  a
product that may be used in an electronic cigarette.
  2.  Any person operating a place of business wherein tobacco products,
herbal cigarettes, liquid nicotine, shisha or electronic cigarettes, are
sold or offered for sale  is  prohibited  from  selling  such  products,
herbal  cigarettes,  liquid  nicotine,  shisha, electronic cigarettes or
smoking paraphernalia to individuals under eighteen years  of  age,  and
shall  post  in  a  conspicuous  place  a sign upon which there shall be
imprinted the following statement, "SALE OF CIGARETTES, CIGARS,  CHEWING
TOBACCO,  POWDERED  TOBACCO,  SHISHA  OR  OTHER TOBACCO PRODUCTS, HERBAL
CIGARETTES, LIQUID NICOTINE, ELECTRONIC CIGARETTES,  ROLLING  PAPERS  OR
SMOKING PARAPHERNALIA, TO PERSONS UNDER EIGHTEEN YEARS OF AGE IS PROHIB-
ITED  BY LAW." Such sign shall be printed on a white card in red letters
at least one-half inch in height.
  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,  indicating
that the individual is at least eighteen years of age. [Such identifica-
tion need not be required of any individual who reasonably appears to be
at  least twenty-five years of age, provided, however, that such appear-
ance shall not constitute a defense in any proceeding alleging the  sale
of  a  tobacco  product,  herbal  cigarettes, liquid nicotine, shisha or
electronic cigarettes to an individual under eighteen years of age.]
  4.  IT SHALL BE  THE  RESPONSIBILITY  OF  ANY  INDIVIDUAL  SEEKING  TO
PURCHASE  CIGARETTES, POWDERED TOBACCO, HERBAL CIGARETTES, BIDIS, GUTKA,
SHISHA,  ELECTRONIC  CIGARETTES,  OTHER  TOBACCO  PRODUCTS  OR   SMOKING
PARAPHERNALIA  TO PRESENT TO THE SELLER, PRIOR TO PURCHASE, PHOTOGRAPHIC
IDENTIFICATION  IN  THE  FORM  OF:  (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,  COMMON-
WEALTH OR POSSESSION, THE DISTRICT OF COLUMBIA, A STATE GOVERNMENT WITH-
IN THE UNITED STATES OR A PROVINCIAL GOVERNMENT OF THE DOMINION OF CANA-
DA;  OR  (B)  A VALID PASSPORT ISSUED BY THE UNITED STATES GOVERNMENT OR
ANY OTHER COUNTRY; OR (C) AN IDENTIFICATION CARD  ISSUED  BY  THE  ARMED
FORCES  OF  THE UNITED STATES, INDICATING THAT THE PURCHASER IS AT LEAST
EIGHTEEN YEARS OF AGE.
  5. A STATE OR LOCAL ENFORCEMENT AGENCY  CONDUCTING  AN  INSPECTION  TO
DETERMINE  COMPLIANCE WITH SUBDIVISION TWO OF THIS SECTION SHALL, WITHIN
TEN DAYS OF THE DATE OF A VIOLATION, PROVIDE THE OPERATOR OF  THE  PREM-
ISES WITH WRITTEN NOTICE OF THE VIOLATION.
  6.  (a)  Any  person  operating  a  place  of business wherein tobacco
products, herbal cigarettes, liquid nicotine, shisha or electronic ciga-
rettes are sold or offered for sale may perform a transaction scan as  a
precondition for such purchases.
  (b)  In  any  instance  where the information deciphered by the trans-
action scan fails to match  the  information  printed  on  the  driver's

S. 684                              3

license  or  non-driver  identification card, or if the transaction scan
indicates that the information is false  or  fraudulent,  the  attempted
transaction shall be denied.
  (c)  In  any  proceeding  pursuant to section thirteen hundred ninety-
nine-ee of this article, it shall be an affirmative  defense  that  such
person had produced a driver's license or non-driver identification card
apparently  issued by a governmental entity, successfully completed that
transaction scan, and that the tobacco  product,  herbal  cigarettes  or
liquid  nicotine  had  been  sold,  delivered or given to such person in
reasonable reliance upon such identification and  transaction  scan.  In
evaluating the applicability of such affirmative defense the commission-
er  shall  take into consideration any written policy adopted and imple-
mented by the seller to effectuate the provisions of this  chapter.  Use
of  a  transaction scan shall not excuse any person operating a place of
business wherein tobacco products, herbal cigarettes,  liquid  nicotine,
shisha  or  electronic  cigarettes are sold, or the agent or employee of
such  person,  from  the  exercise  of  reasonable  diligence  otherwise
required by this chapter. Notwithstanding the above provisions, any such
affirmative  defense  shall  not  be applicable in any civil or criminal
proceeding, or in any other forum.
  [5.] 7. A licensee or agent or employee of such  licensee  shall  only
use  a device capable of deciphering any electronically readable format,
and shall only use the information recorded and maintained  through  the
use  of  such devices, for the purposes contained in subdivision four of
this section. No licensee or agent  or  employee  of  a  licensee  shall
resell or disseminate the information recorded during such a scan to any
third  person.  Such  prohibited resale or dissemination includes but is
not limited to any advertising,  marketing  or  promotional  activities.
Notwithstanding  the  restrictions  imposed  by  this  subdivision, such
records may be released pursuant to a court ordered subpoena or pursuant
to any other statute that specifically authorizes the  release  of  such
information. Each violation of this subdivision shall be punishable by a
civil penalty of not more than one thousand dollars.
  [6.]  8.  A licensee or agent or employee of such a licensee may elec-
tronically or mechanically record and maintain only the information from
a transaction scan necessary to effectuate this section.  Such  informa-
tion shall be limited to the following: (a) name, (b) date of birth, (c)
driver's license or non-driver identification number, and (d) expiration
date.  The  commissioner  and state commissioner of motor vehicles shall
jointly promulgate any regulations necessary to govern the recording and
maintenance of these records by  a  licensee  under  this  chapter.  The
commissioner and the state liquor authority shall jointly promulgate any
regulation  necessary to ensure quality control in the use of the trans-
action scan devices under this chapter and article five of the alcoholic
beverage control law.
  [7.] 9. No person  operating  a  place  of  business  wherein  tobacco
products, herbal cigarettes, liquid nicotine, shisha or electronic ciga-
rettes are sold or offered for sale shall sell, permit to be sold, offer
for  sale  or  display  for sale any tobacco product, herbal cigarettes,
liquid nicotine, shisha or electronic cigarettes in any  manner,  unless
such products and cigarettes are stored for sale (a) behind a counter in
an  area  accessible only to the personnel of such business, or (b) in a
locked container; provided, however, such restriction shall not apply to
tobacco businesses, as defined in subdivision eight of section  thirteen
hundred ninety-nine-aa of this article, and to places to which admission
is restricted to persons eighteen years of age or older.

S. 684                              4

  S  2.  Section 1399-ee of the public health law is amended by adding a
new subdivision 7 to read as follows:
  7.  IT  SHALL  BE  AN AFFIRMATIVE DEFENSE TO ANY ADMINISTRATIVE ACTION
UNDER THIS SECTION THAT THE SALE WAS MADE TO AN INDIVIDUAL  WHO  WAS  OR
REASONABLY APPEARED TO BE AT LEAST FORTY YEARS OF AGE.
  S  3.  Section  65 of the alcoholic beverage control law is amended by
adding three new subdivisions 8, 9 and 10  to read as follows:
  8. IN ANY PROCEEDING PURSUANT TO SECTION ONE HUNDRED EIGHTEEN OF  THIS
CHAPTER ARISING FROM A VIOLATION OF SUBDIVISION ONE OF THIS SECTION, FOR
A  LICENSEE  LICENSED  UNDER  SECTION FIFTY-FOUR OR FIFTY-FOUR-A OF THIS
CHAPTER, OR SECTION SIXTY-THREE OF THIS ARTICLE, IT SHALL BE AN AFFIRMA-
TIVE DEFENSE THAT THE SALE WAS MADE TO A PERSON WHO  WAS  OR  REASONABLY
APPEARED TO BE AT LEAST FORTY YEARS OF AGE.
  9.  IT  SHALL  BE THE RESPONSIBILITY OF ANY PERSON SEEKING TO PURCHASE
ALCOHOLIC BEVERAGES FROM A LICENSEE LICENSED UNDER SECTION FIFTY-FOUR OR
FIFTY-FOUR-A OF THIS CHAPTER, OR SECTION SIXTY-THREE OF THIS ARTICLE  TO
PRESENT  TO THE LICENSEE OR AGENT OR EMPLOYEE OF SUCH LICENSEE, PRIOR TO
PURCHASE, PHOTOGRAPHIC IDENTIFICATION IN THE FORM OF: (A) A VALID  DRIV-
ER'S  LICENSE  OR NON-DRIVER'S IDENTIFICATION CARD ISSUED BY THE COMMIS-
SIONER 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 IDENTIFICATION CARD ISSUED BY
THE ARMED FORCES OF THE UNITED STATES.
  10.  THE  STATE LIQUOR AUTHORITY SHALL, WITHIN TEN DAYS OF THE DATE OF
BECOMING AWARE OF A  VIOLATION  OF  SUBDIVISION  ONE  OF  THIS  SECTION,
PROVIDE THE LICENSEE WITH WRITTEN NOTICE OF SUCH VIOLATION.
  S 4. This act shall take effect immediately.

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