What's happening
This bill allows alcohol licensees in New York to confiscate suspected fake IDs and establishes procedures for their handling and return.
Why it matters
Empowers alcohol licensees and their employees to confiscate IDs they believe are fake or not the presenter's, giving them legal backing to act immediately for up to two hours.
Requires unclaimed confiscated IDs to be turned over to local law enforcement within 48 hours, creating a chain of custody and official review process.
Mandates law enforcement to verify the authenticity of confiscated IDs, return genuine ones quickly, and retain/destroy fakes after a minimum one-year period, protecting individuals from permanent loss of valid identification.
Protects licensees and employees from civil or criminal liability for confiscating IDs unless their actions are deemed grossly negligent, encouraging proactive prevention of underage drinking without fear of legal backlash.
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Who cares
Headline styles
Let Bars Seize Fake IDs
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Print number 1952a
- 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.943
- 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.
Confiscate Fake IDs Allowed
In Assembly Committee · Economic Development · Sponsor Marcos Crespo
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1952--A
2017-2018 Regular Sessions
IN SENATE
January 11, 2017
Introduced by Sen. KLEIN -- read twice and ordered printed, and when printed to be committed to the Committee on Alcoholism and Drug Abuse -- recommitted to the Committee on Alcoholism and Drug Abuse in accordance with Senate Rule 6, sec. 8 -- 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 twen-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07341-02-8
S. 1952--A 2
ty-four hours of such determination. If it is determined to be false or 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.
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 institutes in the law a formalized system to clearly 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 cards are often 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. However, such practices are not clearly stated in the law and the issue of the treating the confiscated fake ID card maybe 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 if presented for the purchase of alcohol by a person who is under the age of 21. Such ID card shall be held by the licensee for no more than 2 hours. If the underage person does not redeem his or her ID card after the 2 hour cooling off period, such alcohol selling licensee shall in 48 hours of such confiscation, 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 identifi- cation.
Read the full memo (829 words)
This bill was amended in 2018 to further 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. Further that the confiscating business can only hold the fake ID for a 2 hour period of time, so that no alcohol can be purchased by such minor, but such ID is returned so if by some chance it is a bona fide license, that such individual will have a license to operate a motor vehicle. In addition, the standard by which a fake ID can be confiscated is that there is a moral certainty that such ID is not legitimate.
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 the process has been to hold IDs if they are determined to be fake. 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 perpe- trate an illegal transaction (the sale of alcoholic beverages to a person under the age of 21). The identification must be returned to the minor child within 2 hours of confiscation. If the minor does not redeem the card within 48 hours, the licensee must deliver such card to the local police to either destroy the fake ID cards or verify the authenticity of real IDs. As a safe- guard, no ID card can be destroyed for one year after being delivered to the police. Authentic ID cards shall be returned to the rightful owner as soon as practicable. 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 right- ful 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 document- ing 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.
Legislative history
Similar to S. 7127 of 2012. Same As S. 5668 - Passed Senate. It also passed the Senate in 2013 and 2014. 2015/2016 -S. 1544-A on Senate Floor
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.