S T A T E   O F   N E W   Y O R K
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                                  5197--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 6, 2017
                                ___________
 
 Introduced by M. of A. CRESPO -- read once and referred to the Committee
   on  Economic  Development  -- recommitted to the Committee on Economic
   Development in accordance with Assembly Rule 3, sec.  2  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 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  AN  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 BELIEVES WITH MORAL
 CERTAINTY TO BE FALSE OR FRAUDULENT, FOR THE PURPOSE  OF  PURCHASING  OR
 ATTEMPTING  TO  PURCHASE  AN ALCOHOLIC BEVERAGE, SUCH LICENSEE, AGENT OR
 EMPLOYEE MAY IMMEDIATELY CONFISCATE AND TAKE POSSESSION OF SUCH  WRITTEN
 EVIDENCE OF AGE FOR A PERIOD OF TIME UP TO TWO HOURS.
   (II)  IF  SUCH  WRITTEN EVIDENCE IS NOT REDEEMED BY SUCH HOLDER WITHIN
 FORTY-EIGHT HOURS OF TAKING POSSESSION OF SUCH WRITTEN EVIDENCE OF  AGE,
 A  LICENSEE  SHALL DELIVER SUCH WRITTEN EVIDENCE OF AGE TO THE LOCAL 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 AUTHEN-
 TICITY OF THE WRITTEN EVIDENCE.   IF SUCH WRITTEN  EVIDENCE  OF  AGE  IS
 DETERMINED  TO  BE  BONA FIDE AND AUTHENTIC, IT SHALL BE RETURNED TO THE
 RIGHTFUL HOLDER THEREOF, IN PERSON OR BY FIRST CLASS MAIL  WITHIN  TWEN-
 TY-FOUR HOURS OF SUCH DETERMINATION.  IF IT IS DETERMINED TO BE FALSE OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07341-03-8

 A. 5197--A                          2
 
 FRAUDULENT,  THE  WRITTEN  EVIDENCE OF AGE SHALL BE RETAINED BY SUCH LAW
 ENFORCEMENT AGENCY AND MAY BE DESTROYED NO EARLIER THAN ONE  YEAR  AFTER
 RECEIPT OF SUCH WRITTEN EVIDENCE.
   (IV) ANY PERSON WHO HAS HAD HIS OR HER WRITTEN EVIDENCE OF AGE CONFIS-
 CATED  PURSUANT  TO  THIS  PARAGRAPH  MAY  PETITION, IN WRITING, THE LAW
 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
 FORTY-EIGHT  HOURS  OF THE RECEIPT OF SUCH APPLICATION.  IF SUCH WRITTEN
 EVIDENCE IS DETERMINED TO BE  BONA  FIDE  AND  AUTHENTIC,  IT  SHALL  BE
 RETURNED  TO THE OWNER THEREOF WITHIN TWENTY-FOUR HOURS OF SUCH DETERMI-
 NATION.
   (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  IT  IS  ESTABLISHED  THAT  SUCH
 CONFISCATION  CONSTITUTED  GROSS  NEGLIGENCE  BY  THE LICENSEE, AGENT OR
 EMPLOYEE.
   § 2. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.