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History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.252
- Print number 1544a
- Amend and recommit to alcoholism and drug abuse
- Referred to alcoholism and drug abuse
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.582
- Referred to alcoholism and drug abuse
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Authorizes alcoholic beverage licensees to confiscate written evidence of age which is false or fraudulent
In Assembly Committee · Economic Development · Sponsor Marcos Crespo
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
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.
Read the full memo (723 words)
This bill was amended 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.
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.