NY State Senate Bill 2017-S1952A

Senate Bill S1952A

2017-2018 Legislative Session

Authorizes alcoholic beverage licensees to confiscate written evidence of age which is false or fraudulent

download bill text pdf

Archive: Last Bill Status - In Senate Committee Alcoholism And Drug Abuse 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 23, 2018	print number 1952a
Mar 23, 2018	amend and recommit to alcoholism and drug abuse
Jan 03, 2018	referred to alcoholism and drug abuse
Jun 21, 2017	committed to rules
May 22, 2017	advanced to third reading
May 17, 2017	2nd report cal.
May 16, 2017	1st report cal.943
Jan 11, 2017	referred to alcoholism and drug abuse

Votes

- May 16, 2017 - Committee Vote
  S1952A
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Committee Vote: May 16, 2017
      
      aye (7)
      
      Amedore
      
      Bonacic
      
      Carlucci
      
      Kaminsky
      
      Parker
      
      Phillips
      
      Ritchie

Bill Amendments

Original

A (Active)

2017-S1952 - Details

See Assembly Version of this Bill:: A5197
Current Committee:: Senate Alcoholism And Drug Abuse
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §65-b, ABC L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S7127, A10272
2013-2014: S5668, A4004
2015-2016: S1544, A6735
2019-2020: A5278

2017-S1952 - Summary

Authorizes alcoholic beverage licensees to confiscate written evidence of age which is false or fraudulent; provides such written evidence of age shall be delivered to the police for verification, and returned to rightful holder or destroyed.

2017-S1952 - Sponsor Memo

                                 BILL NUMBER:  S1952

 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 statute 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 or entering
a place that sells alcoholic beverages for on-premises consumption.
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 that sells alcoholic beverages for off
or on-premises consumption 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 24 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.

This bill was amended in 2016 to add additional procedural safe guards
to ensure that only illegal ID cards are confiscated and that bona
fide ID cards are quickly returned to their rightful owners.

 JUSTIFICATION :

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 or do not belong to the presenter who is trying
to get admission to a licensed premises that sells alcohol or attempts
to illegally purchase alcohol. This is an effective method of
deterring youth from entering their businesses as it can be difficult
(and expensive) to obtain a fake ID and minors will probably avoid
places known to practice this confiscation practice. However, this
practice may not clearly be deemed to be 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).

In addition, this legislation will help to codify and sanction in the
law this practice and, very importantly, ensures that real IDs that
may have been stolen are quickly returned to their rightful owner.

The identification must be delivered to the local authorities within
24 hours to either destroy the fake ID cards or verify the
authenticity of real IDs. Authentic ID cards shall be returned to the
rightful owner. And fake IDs can be destroyed by the local police, but
only after one year period of time to ensure that bona fide licenses
are retained by the police and can be returned to their rightful
owner.


There are several procedural safeguards to ensure that only fake IDs
are confiscated and bona fide IDs are quickly returned to their
rightful owners.

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. Same As S. 5668 - Passed Senate It also
passed the Senate in 2013 and 2014.
2015/2016 -S. 1544-A on Senate Floor

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law.

2017-S1952 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1952
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2017
                                ___________
 
 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 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.
   (II)  WITHIN  TWENTY-FOUR  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  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
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07341-01-7

 S. 1952                             2
 
   (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.

2017-S1952A (ACTIVE) - Details

See Assembly Version of this Bill:: A5197
Current Committee:: Senate Alcoholism And Drug Abuse
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §65-b, ABC L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S7127, A10272
2013-2014: S5668, A4004
2015-2016: S1544, A6735
2019-2020: A5278

2017-S1952A (ACTIVE) - Summary

2017-S1952A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1952A

SPONSOR: KLEIN
 
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 institutes in the law a formalized system to clearly 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 cards are often
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 or entering a place that sells alcoholic
beverages for on-premises consumption. However, such practices are not
clearly stated in the law and the issue of the treating the confiscated
fake ID card maybe open to question.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amends Alcoholic Beverage Control Law section 65-b to clearly
set out that a licensee that sells alcoholic beverages for off or
on-premises consumption may confiscate a false identification card if
presented for the purchase of alcohol by a person who is under the age
of 21. Such ID card shall be held by the licensee for no more than 2
hours. If the underage person does not redeem his or her ID card after
the 2 hour cooling off period, such alcohol selling licensee shall in 48
hours of such confiscation, 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 identifi-
cation.

This bill was amended in 2018 to further add additional procedural safe
guards to ensure that only illegal ID cards are confiscated and that
bona fide ID cards are quickly returned to their rightful owners.
Further that the confiscating business can only hold the fake ID for a 2
hour period of time, so that no alcohol can be purchased by such minor,
but such ID is returned so if by some chance it is a bona fide license,
that such individual will have a license to operate a motor vehicle. In
addition, the standard by which a fake ID can be confiscated is that
there is a moral certainty that such ID is not legitimate.

 
JUSTIFICATION:

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 the 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 (and expensive) to
obtain a fake ID and minors will probably avoid places known to practice
this confiscation practice. However, this practice may not clearly be
deemed to be lawful as licensees are taking the property of another,
even though it is illegal property or property that can help to perpe-
trate an illegal transaction (the sale of alcoholic beverages to a
person under the age of 21).
The identification must be returned to the minor child within 2 hours of
confiscation. If the minor does not redeem the card within 48 hours, the
licensee must deliver such card to the local police to either destroy
the fake ID cards or verify the authenticity of real IDs. As a safe-
guard, no ID card can be destroyed for one year after being delivered to
the police. Authentic ID cards shall be returned to the rightful owner
as soon as practicable. And fake IDs can be destroyed by the local
police, but only after one year period of time to ensure that bona fide
licenses are retained by the police and can be returned to their right-
ful owner.

There are several procedural safeguards to ensure that only fake IDs are
confiscated and bona fide IDs are quickly returned to their rightful
owners.

Placing the IDs into the hands of law enforcement accomplishes several
goals. First, it allows law enforcement to look for trends in document-
ing 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.

 
LEGISLATIVE HISTORY:

Similar to S. 7127 of 2012. Same As S. 5668 - Passed Senate. It also
passed the Senate in 2013 and 2014.
2015/2016 -S. 1544-A on Senate Floor

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law.

2017-S1952A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1952--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2017
                                ___________
 
 Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Alcoholism and Drug  Abuse
   --  recommitted  to  the  Committee  on  Alcoholism  and Drug Abuse in
   accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07341-02-8

 S. 1952--A                          2
 
 TY-FOUR HOURS OF SUCH DETERMINATION.  IF IT IS DETERMINED TO BE FALSE OR
 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.

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