Increases the fines, community service requirements and license suspension periods for underage purchase of alcoholic beverages

BILL NUMBER:S7128

Title of bill

An act to amend the alcoholic beverage control law, in relation to penalties for the purchase or attempt to purchase an alcoholic beverage by a person under twenty-one years of age

Purpose or general idea of bill

Stiffens and modernizes the penalties for minors who purchase or attempt to purchase alcohol. Also creates parity between New York and neighboring states, but retains judicial discretion and flexibility.

Summary of specific provisions

Section 1- Increases first offense penalties found in subdivision 3 of section 65-b of the Alcohol Beverage Control Law for using a fake ID from up to $100 and/or up to 30 hours community service to $100-$500 and/or community service; in old and new, the Court may include an alcohol awareness program. Second offense raises it from $50-$350 and/or up to 30 hours community service to $250-$750 and/or up to 60 hours community service; in both, the court shall order alcohol awareness. For a third and later violations, increases penalty from $50-$750 and/or up to 30 hours community service to $500-$1000 and up to 90 hours community service; in both court shall order an evaluation by a program licenses by OASAS.

Section 2- Increases license suspension penalties in subdivision 6 of section 65-b of the Alcohol Beverage Control Law from three months for a first violation to five months, and for ten months or until the holder reaches twenty-one, whichever is longer. This eliminates a middle tier which allowed for a six month suspension.

Justification

Use of false identification is a societal, pervasive problem and an important front of the fight against underage drinking. The struggle to restrict access to alcohol by those under the legal purchase age must take many forms. This legislation takes aim at one tool being used by underage drinkers which is the use of false identifications, or a fake IDs. These false identifications have gone much further than "chalking" or borrowing another person's identification and now many websites and businesses will sell identification which is extremely difficult to differentiate from authentic documentation. This poses a numbers of problems and risks, the brunt of which has been shouldered by businesses in New York while neighboring states have taken the issue far more seriously.

Modern fake IDs are notoriously difficult to detect, open the door to identity theft, and are not taken seriously enough by our laws. Fake IDs are created by businesses, often overseas, which take individuals' information, make a nearly-undetectable fake ID, and

then turn around and sell the information to unscrupulous parties. The young people who go through this process are unaware of the risks they are taking by buying fake IDs in this manner. They are also unaware of the liability they are imposing on businesses which are diligent in checking IDs, but unable to detect these fakes after taking reasonable precautions.

This legislation matches the severity and risks that modern fake IDs are imposing. It catches New York up to the penalties of neighboring states such as New Jersey and Connecticut and shifts some of the risk and responsibility to deter the youth who use fake IDs.

Prior legislative history

New Bill.

Fiscal implications

None to the State.

Effective date

This act shall take effect on the first of September next succeeding the date on which it shall have become a law.