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.
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 legalizes and creates a system for the taking of false identification or identification fraudulently offered. Currently, false identification is taken and held by responsible businesses as a response to the epidemic of false identification use.
SUMMARY OF SPECIFIC PROVISIONS: Section 1- A licensee may confiscate a false identification or identification not of the presenter if presented for the purchase of alcohol and subjected to a transactional scan. Within 48 Hours the licensee must hand over the ID to local law enforcement which destroys it if it's invalid, or returns it if valid. A person may petition for earlier return of the identification.
JUSTIFICATION: Responsible businesses have for some time been screening identification 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 confiscation. However, this practice is not strictly lawful as licensees are taking the property of another, even though it is illegal property. This legislation validates the practice and also ensures that real IDs that may have stolen are returned to their owner.
To safeguard the process as much as possible, a transactional scan is required of the identification which sets a floor to catch the obvious fake IDs. However, there remains discretion to confiscate real IDs that the licensee believes to be offered fraudulently. In either case, the identification must be delivered to the local authorities within 48 hours to either destroy the fakes 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 false identification. It prevents a secondary black market for these IDs in which some licensee staff may be selling confiscated IDs back to the minor. Lastly, it allows for the return of possibly stolen property.
PRIOR LEGISLATIVE HISTORY:
FISCAL IMPLICATIONS: None to the State.
EFFECTIVE DATE: 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 ________________________________________________________________________ 7127 IN SENATE April 30, 2012 ___________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 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 S. 7127 2
(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.