NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2045
SPONSOR: Fall TITLE OF BILL:
An act to amend the administrative code of the city of New York, the
general business law, the alcoholic beverage control law and the public
health law, in relation to acceptance of New York city identity cards as
valid written evidence of age or identification
PURPOSE:
The intent of this legislation is to expand and allow consenting adults
who only have access to a NYC Identification Card the ability to acquire
any and all merchandise that conforms to the legal age.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Subdivision f of section 3-115 of the administrative code of
the city of New York is amended by adding a new paragraph 4 to read: A
valid New York City identity card shall be accepted as valid written
evidence of age or identification in any situation where an individual
is required to furnish written evidence of age or identification.
Section 2. The general business law is amended by adding a new section
390-d; Acceptance of New York City identity cards. A valid NYC identity
card issued pursuant to section 3-115 of the administrative code of the
city of New York shall be accepted as valid written evidence of age or
identification in any situation where an individual is required to
furnish written evidence of age or identification.
Section 3. Paragraph (b) of subdivision 2 of section 65-b of the alco-
holic beverage control law, as amended by chapter 519 of the laws of
1999 is amended to read; No licensee, or agent or employee of such
licensee shall accept as written evidence of age by any such person for
the purchase of any alcoholic beverage, any documentation other than,
valid driver's license or non-driver identification card issued by the
commissioner of motor vehicles, the federal government, any United
States territory, commonwealth or possession, the District of Columbia,
a state government within the United States or a provincial government
of the dominion of Canada, or a valid passport issued by the United
States government of any other country or an identification card issues
by the armed forces of the United States or a valid New York city iden-
tity card issued pursuant to section 3-115 of the administrative code of
the city of New York.
Upon presentation of such driver's license or non-driver identification
card issued by a governmental entity, such licensee or agent or employee
thereof may perform a transaction scan as a precondition to the sale of
an alcoholic beverage. Nothing in this section shall prohibit a licensee
or agent or employees from performing such a transaction scan on any of
the other documents listed in this subdivision if such documents include
a bar code or magnetic strip that may be scanned by a device capable of
deciphering any electronically readable format.
Section 4. Subdivision 3 of section 1399-cc of the public health law, as
amended by chapter 542 of the laws of 2014, is amended; Sale of tobacco
products, herbal cigarettes, liquid nicotine, shisha or electronic ciga-
rettes in such places, other than by a vending machine, shall be made
only to an individual who demonstrates, through a valid driver's license
or non-driver's identification card issued by the commissioner of motor
vehicles, the federal government, any United States territory, common-
wealth or possession, the District of Columbia, a state government with-
in the United States or a provincial government of the dominion of Cana-
da shall include a valid New York City identity card issues pursuant to
section 3-115 of the administrative code of the city of New York.
Section 5. Subdivision3 of section 1399-cc of the public health law, as
amended by chapter 100 of the laws of 2019, is amended; Sale of tobacco
products, herbal cigarettes, liquid nicotine, shisha or electronic ciga-
rettes in such places, other than by a vending machine, shall be made
only to an individual who demonstrates, through a valid driver's license
or non-driver's identification card issued by the commissioner of motor
vehicles, the federal government, any United States territory, common-
wealth or possession, the District of Columbia, a state government with-
in the United States or a provincial government of the dominion of Cana-
da shall include a valid New York City identity card issues pursuant to
section 3-115 of the administrative code of the city of New York.
Section 6. This act shall take effect immediately, provided that section
five of this act shall take effect on the same date and in the same
manner as section 4 of chapter 100 of the laws of 2019
JUSTIFICATION:
Currently the State liquor law only permits bars and other establish-
ments with licenses to sell alcohol to accept the following as valid
forms of identification for proof of age: a driver's license, a non-dri-
ver ID card issued by the New York Department of Motor Vehicles, a valid
U.S. military identification, a valid passport or a visa from any coun-
try. The municipal ID isn't acceptable. This holds true for the sale of
tobacco products. This legislations intent is to follow recently enacted
legislation on raising the age of smoking to age 21 and current execu-
tive action to prohibit the sale of certain electronic cigarette
products.
This legislation will not only help small businesses who often have to
turn patrons away for not having proper identification, but it will help
the consumer by allowing them the right to purchase products of consent-
ing age to support small businesses. The intent of the legislation is to
give clarification to small business owners since related laws can cause
confusion on what is and what is not acceptable.
LEGISLATIVE HISTORY:
Referred to Cities: 01/08/2020
FISCAL IMPLICATIONS:
No impact
EFFECTIVE DATE:
This act shall take effect immediately, provided that section five of
this act shall take effect on the same date and in the same manner as
section 4 of chapter 100 of the laws of 2019
STATE OF NEW YORK
________________________________________________________________________
2045
2023-2024 Regular Sessions
IN ASSEMBLY
January 23, 2023
___________
Introduced by M. of A. FALL -- read once and referred to the Committee
on Cities
AN ACT to amend the administrative code of the city of New York, the
general business law, the alcoholic beverage control law and the
public health law, in relation to acceptance of New York city identity
cards as valid written evidence of age or identification
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision f of section 3-115 of the administrative code
2 of the city of New York is amended by adding a new paragraph 4 to read
3 as follows:
4 (4) Notwithstanding any provision of law to the contrary, a valid New
5 York city identity card shall be accepted as valid written evidence of
6 age or identification in any situation where an individual is required
7 to furnish written evidence of age or identification.
8 § 2. The general business law is amended by adding a new section 390-e
9 to read as follows:
10 § 390-e. Acceptance of New York city identity cards. Notwithstanding
11 any provision of law to the contrary, a valid New York city identity
12 card issued pursuant to section 3-115 of the administrative code of the
13 city of New York shall be accepted as valid written evidence of age or
14 identification in any situation where an individual is required to
15 furnish written evidence of age or identification.
16 § 3. Paragraph (b) of subdivision 2 of section 65-b of the alcoholic
17 beverage control law, as amended by chapter 519 of the laws of 1999, is
18 amended to read as follows:
19 (b) No licensee, or agent or employee of such licensee shall accept as
20 written evidence of age by any such person for the purchase of any alco-
21 holic beverage, any documentation other than: (i) a valid driver's
22 license or non-driver identification card issued by the commissioner of
23 motor vehicles, the federal government, any United States territory,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06506-01-3
A. 2045 2
1 commonwealth or possession, the District of Columbia, a state government
2 within the United States or a provincial government of the dominion of
3 Canada, or (ii) a valid passport issued by the United States government
4 or any other country, or (iii) an identification card issued by the
5 armed forces of the United States, or (iv) a valid New York city identi-
6 ty card issued pursuant to section 3-115 of the administrative code of
7 the city of New York. Upon the presentation of such driver's license or
8 non-driver identification card issued by a governmental entity, such
9 licensee or agent or employee thereof may perform a transaction scan as
10 a precondition to the sale of any alcoholic beverage. Nothing in this
11 section shall prohibit a licensee or agent or employee from performing
12 such a transaction scan on any of the other documents listed in this
13 subdivision if such documents include a bar code or magnetic strip that
14 [that] may be scanned by a device capable of deciphering any electron-
15 ically readable format.
16 § 4. Subdivision 3 of section 1399-cc of the public health law, as
17 amended by chapter 100 of the laws of 2019, is amended to read as
18 follows:
19 3. Sale of tobacco products, herbal cigarettes, liquid nicotine,
20 shisha or electronic cigarettes in such places, other than by a vending
21 machine, shall be made only to an individual who demonstrates, through
22 (a) a valid driver's license or non-driver's identification card issued
23 by the commissioner of motor vehicles, the federal government, any
24 United States territory, commonwealth or possession, the District of
25 Columbia, a state government within the United States or a provincial
26 government of the dominion of Canada, or (b) a valid passport issued by
27 the United States government or any other country, or (c) an identifica-
28 tion card issued by the armed forces of the United States, or (d) a
29 valid New York city identity card issued pursuant to section 3-115 of
30 the administrative code of the city of New York, indicating that the
31 individual is at least twenty-one years of age. Such identification need
32 not be required of any individual who reasonably appears to be at least
33 twenty-five years of age, provided, however, that such appearance shall
34 not constitute a defense in any proceeding alleging the sale of a tobac-
35 co product, herbal cigarettes, liquid nicotine, shisha or electronic
36 cigarettes to an individual under twenty-one years of age.
37 § 5. This act shall take effect immediately.
