Senate Bill S1864

                                 BILL NUMBER:  S1864

 TITLE OF BILL :
An act to amend the alcoholic beverage control law, in relation to the
attempt to purchase an alcoholic beverage through fraudulent means


 PURPOSE OR GENERAL IDEA OF BILL :
Makes the use of an electronic scanning device, currently optional,
mandatory to ensure the accuracy of the written identification used to
establish proof of legal age to purchase alcoholic beverages.

 SUMMARY OF SPECIFIC PROVISIONS :
Amends paragraph (b) of subdivision 2 of section 65-b of the alcoholic
beverage control law , as amended by chapter 519 of the laws of 1999
to provide that the written identification offered to establish legal
age to purchase alcohol shall be scanned by a device capable of
deciphering its electronically readable content to ensure that the
accuracy of those contents, as a precondition to the sale of any
alcoholic beverage.

 JUSTIFICATION :
New York has enacted a series of strong laws designed to reduce access
by minors to alcohol and tobacco to anyone under age 21. Chapter 519
of the laws of 1999, established a voluntary procedure by which
retailers, restaurants, bars, clubs and other places of entertainment
              

could utilize the latest.  automated scanning technology to verify the
ages of their alcohol and tobacco purchasers, thereby reducing access
to these products by minors.

Automated scanners provide merchants with an affordable and reliable
system of identity verification. Their use in today's marketplace has
increased dramatically. Chapter 519 of the laws of 1999 supplemented
and strengthened existing law by adding an additional penalty for
minors who purchase or attempt to purchase alcoholic beverages or
tobacco products and provided an additional affirmative defense to
retail establishments that engage in the voluntary use of bar code and
magnetic strip scanners.  Chapter 519 of the laws of 1999 recognized
the need to strictly protect patron's privacy, and prohibited the sale
or dissemination of any information recorded during the use of this
bar code verification system.  This measure seeks to build on the
success of the voluntary program created.in 1999 by making the use of
scanners mandatory for any establishment licensed to sell alcoholic
beverages.

Sales of alcoholic beverage to underage consumers are increasingly
difficult to prevent by any other means. The quality of fraudulent
identification documents is improving to point where even experts can
be fooled if they rely solely on visual verification. Many unlawful
sales to minors, and the dangerous consequences that may result, can
be prevented through the use of proven scanner technology.  This
measure will improve sellers' efforts to ensure they are not selling
alcohol to minors by catching fradulent identification and reducing
the potential for human errors in the age verification process.

 LEGISLATIVE HISTORY :
2008: S.2249 - Referred t Mental Health and Developmental Disabilities

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect immediately, provided, however, that the
amendments to paragraph (b) of subdivision 2 of section 65-b of the
alcoholic beverage control law made by section one of this act shall
not affect the expiration of such subdivision and shall be deemed to
expire herewith.