What's happening
This bill allows alcohol license holders in New York to confiscate suspected fake IDs and outlines procedures for their handling and return.
Why it matters
Empowers alcohol license holders and their staff to confiscate IDs they reasonably believe are fake, potentially deterring underage drinking by increasing the risk of detection and loss of false identification.
Establishes a clear chain of custody and timeline for confiscated IDs, requiring prompt delivery to law enforcement if not reclaimed, which may reduce liability and confusion for business owners and patrons alike.
Mandates law enforcement to assess the authenticity of confiscated IDs and ensure their timely return if genuine, offering a safeguard for individuals who have their legitimate identification mistakenly taken.
Provides legal protections for licensees and employees acting in good faith, shielding them from most civil or criminal consequences unless gross negligence is proven, which may make businesses more willing to enforce ID checks.
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Who cares
Headline styles
Confiscate Fake IDs Allowed
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Print number 5197a
- Amend and recommit to economic development
- Referred to economic development
- Referred to economic development
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.
Let Bars Seize Fake IDs
In Senate Committee · Alcoholism And Drug Abuse · Sponsor Jeffrey D. Klein
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5197--A
2017-2018 Regular Sessions
IN ASSEMBLY
February 6, 2017
Introduced by M. of A. CRESPO -- read once and referred to the Committee on Economic Development -- recommitted to the Committee on Economic Development in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
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 Assembly, 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 authenticity 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 twenty-four hours of such determination. If it is determined to be false or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07341-03-8
A. 5197--A 2
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 confiscated 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 determination.
(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 succeeding the date on which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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