Makes use of ID verification scanners mandatory by all sellers of alcohol and tobacco products

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.