S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8724
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 25, 2019
                                ___________
 
 Introduced  by  M. of A. FALL -- read once and referred to the Committee
   on Cities
 
 AN ACT to amend the administrative code of the city  of  New  York,  the
   general  business  law,  the  alcoholic  beverage  control law and the
   public health law, in relation to acceptance of New York city identity
   cards as valid written evidence of age or identification
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision f of section 3-115 of the administrative code
 of the city of New York is amended by adding a new paragraph 4  to  read
 as follows:
   (4)  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, A VALID NEW
 YORK CITY IDENTITY CARD SHALL BE ACCEPTED AS VALID WRITTEN  EVIDENCE  OF
 AGE  OR  IDENTIFICATION IN ANY SITUATION WHERE AN INDIVIDUAL IS REQUIRED
 TO FURNISH WRITTEN EVIDENCE OF AGE OR IDENTIFICATION.
   § 2. The general business law is amended by adding a new section 390-d
 to read as follows:
   § 390-D. ACCEPTANCE OF NEW YORK CITY IDENTITY CARDS.   NOTWITHSTANDING
 ANY  PROVISION  OF  LAW  TO THE CONTRARY, A VALID NEW YORK CITY IDENTITY
 CARD ISSUED PURSUANT TO SECTION 3-115 OF THE ADMINISTRATIVE CODE OF  THE
 CITY  OF  NEW YORK SHALL BE ACCEPTED AS VALID WRITTEN EVIDENCE OF AGE OR
 IDENTIFICATION IN ANY SITUATION  WHERE  AN  INDIVIDUAL  IS  REQUIRED  TO
 FURNISH WRITTEN EVIDENCE OF AGE OR IDENTIFICATION.
   §  3.  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,  is
 amended to read as follows:
   (b) No licensee, or agent or employee of such licensee shall accept as
 written evidence of age by any such person for the purchase of any alco-
 holic  beverage,  any  documentation  other  than:  (i) a valid driver's
 license or non-driver identification card issued by the commissioner  of
 motor  vehicles,  the  federal  government, any United States territory,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13945-03-9

 A. 8724                             2
 
 commonwealth or possession, the District of Columbia, a state government
 within the United States or a provincial government of the  dominion  of
 Canada,  or (ii) a valid passport issued by the United States government
 or  any  other  country,  or  (iii) an identification card issued by the
 armed forces of the United States, OR (IV) A VALID NEW YORK CITY IDENTI-
 TY CARD ISSUED PURSUANT TO SECTION 3-115 OF THE ADMINISTRATIVE  CODE  OF
 THE CITY OF NEW YORK.  Upon the presentation of such driver's license or
 non-driver  identification  card  issued  by a governmental entity, such
 licensee or agent or employee thereof may perform a transaction scan  as
 a  precondition  to  the sale of any alcoholic beverage. Nothing in this
 section shall prohibit a licensee or agent or employee  from  performing
 such  a  transaction  scan  on any of the other documents listed in this
 subdivision if such documents include a bar code or magnetic strip  that
 [that]  may  be scanned by a device capable of deciphering any electron-
 ically readable format.
   § 4. Subdivision 3 of section 1399-cc of the  public  health  law,  as
 amended  by  chapter  542  of  the  laws  of 2014, is amended to read as
 follows:
   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,  OR  (D)  A
 VALID  NEW  YORK  CITY IDENTITY CARD ISSUED PURSUANT TO SECTION 3-115 OF
 THE ADMINISTRATIVE CODE OF THE CITY OF NEW  YORK,  indicating  that  the
 individual  is  at least eighteen years of age. Such identification need
 not be required of any individual who reasonably appears to be at  least
 twenty-five  years of age, provided, however, that such appearance shall
 not constitute a defense in any proceeding alleging the sale of a tobac-
 co product, herbal cigarettes, liquid  nicotine,  shisha  or  electronic
 cigarettes to an individual under eighteen years of age.
   §  5.  Subdivision  3  of section 1399-cc of the public health law, as
 amended by chapter 100 of the laws  of  2019,  is  amended  to  read  as
 follows:
   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, OR (D) A
 VALID NEW YORK CITY IDENTITY CARD ISSUED PURSUANT TO  SECTION  3-115  OF
 THE  ADMINISTRATIVE  CODE  OF  THE CITY OF NEW YORK, indicating that the
 individual is at least twenty-one years of age. Such identification need
 not be required of any individual who reasonably appears to be at  least
 twenty-five  years of age, provided, however, that such appearance shall
 not constitute a defense in any proceeding alleging the sale of a tobac-

 A. 8724                             3
 
 co product, herbal cigarettes, liquid  nicotine,  shisha  or  electronic
 cigarettes to an individual under twenty-one years of age.
   §  6.  This  act  shall take effect immediately, provided that section
 five of this act shall take effect on the same  date  and  in  the  same
 manner as section 4 of chapter 100 of the laws of 2019.