Bill Text: NY A05983 | 2021-2022 | General Assembly | Introduced
Bill Title: Relates to the use of biometric identity verification devices for the purchase of alcoholic beverages and tobacco products; authorizes a licensee, its agent or employee to determine a person's age when purchasing alcoholic beverages or tobacco products by use of a biometric identity verification device; establishes where the use of the device indicates that the person is under the age of twenty-one, the attempted purchase of the alcoholic beverage shall be denied.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-01-05 - referred to economic development [A05983 Detail]
Download: New_York-2021-A05983-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5983 2021-2022 Regular Sessions IN ASSEMBLY March 4, 2021 ___________ Introduced by M. of A. WALKER -- read once and referred to the Committee on Economic Development AN ACT to amend the alcoholic beverage control law and the public health law, in relation to the use of biometric identity verification devices for the purchase of alcoholic beverages and tobacco products The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 65-b of the alcoholic beverage 2 control law is amended by adding a new paragraph (d) to read as follows: 3 (d) "Biometric identity verification device" means a commercial device 4 that instantly verifies the identity and age of a person by an electron- 5 ic scan of a biometric of such person, via a fingerprint, iris image, 6 facial image, or other biometric, or any combination thereof, which is 7 referenced against any record described in paragraph (b) of subdivision 8 two of this section, where (i) the authenticity of the record was previ- 9 ously verified by an electronic authentication process, (ii) the identi- 10 ty of the record holder was previously verified through a commercially 11 available knowledge based electronic authentication process and (iii) 12 the authenticated record was securely linked to biometrics contemporane- 13 ously collected from the verified record holder. 14 § 2. Subdivision 2 of section 65-b of the alcoholic beverage control 15 law is amended by adding a new paragraph (d) to read as follows: 16 (d) In lieu of or in addition to accepting written evidence of age as 17 set forth in paragraph (b) of this subdivision, a licensee, its agent or 18 employee may determine a person's age by use of a biometric identity 19 verification device. In any instance where the use of the device indi- 20 cates that the person is under the age of twenty-one years, the 21 attempted purchase of the alcoholic beverage shall be denied. 22 § 3. Subdivision 7 of section 65-b of the alcoholic beverage control 23 law, as added by chapter 519 of the laws of 1999, is amended to read as 24 follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05629-02-1A. 5983 2 1 7. (a) In any proceeding pursuant to subdivision one of section 2 sixty-five of this article, it shall be an affirmative defense that: (i) 3 the licensee, its agent or employee had determined such person's age by 4 means of a biometric identity verification device or that such person 5 had produced a driver's license or non-driver identification card appar- 6 ently issued by a governmental entity, successfully completed the trans- 7 action scan, and (ii) that the alcoholic beverage had been sold, deliv- 8 ered or given to such person in reasonable reliance upon either such 9 biometric identity verification device or such identification and trans- 10 action scan. In evaluating the applicability of such affirmative 11 defense, the liquor authority shall take into consideration any written 12 policy adopted and implemented by the seller to carry out the provisions 13 of this chapter. Use of a transaction scan or biometric identity verifi- 14 cation device shall not excuse any licensee under this chapter, or agent 15 or employee of such licensee, from the exercise of reasonable diligence 16 otherwise required by this section. Notwithstanding the above 17 provisions, any such affirmative defense shall not be applicable in any 18 other civil or criminal proceeding, or in any other forum. 19 (b) A licensee or agent or employee of a licensee may electronically 20 or mechanically record and maintain only the information obtained from 21 using a transaction scan or biometric identity verification device 22 necessary to effectuate the purposes of this section. Such information 23 shall be limited to the following: (i) name, (ii) date of birth, (iii) 24 driver's license or non-driver identification number, and (iv) expira- 25 tion date. The liquor authority and the state commissioner of motor 26 vehicles shall jointly promulgate any regulation necessary to govern the 27 recording and maintenance of these records by a licensee under this 28 chapter. The liquor authority and the commissioner of health shall 29 jointly promulgate any regulations necessary to ensure quality control 30 in the use of transaction scan devices or biometric identity verifica- 31 tion devices. 32 § 4. Subdivision 5 of section 1399-bb of the public health law, as 33 amended by section 4 of part EE of chapter 56 of the laws of 2020, is 34 amended to read as follows: 35 5. The distribution of tobacco products, electronic cigarettes, vapor 36 products intended or reasonably expected to be used with or for the 37 consumption of nicotine, or herbal cigarettes pursuant to subdivision 38 two of this section or the distribution without charge of electronic 39 cigarettes, or vapor products intended or reasonably expected to be used 40 with or for the consumption of nicotine, shall be made only to an indi- 41 vidual who demonstrates, through the use of a biometric identity verifi- 42 cation device pursuant to section thirteen hundred ninety-nine-cc of 43 this article, through (a) a driver's license or non-driver identifica- 44 tion card issued by the commissioner of motor vehicles, the federal 45 government, any United States territory, commonwealth, or possession, 46 the District of Columbia, a state government within the United States, 47 or a provincial government of the dominion of Canada, (b) a valid pass- 48 port issued by the United States government or the government of any 49 other country, or (c) an identification card issued by the armed forces 50 of the United States, indicating that the individual is at least twen- 51 ty-one years of age. Such identification need not be required of any 52 individual who reasonably appears to be at least twenty-five years of 53 age; provided, however, that such appearance shall not constitute a 54 defense in any proceeding alleging the sale of a tobacco product, elec- 55 tronic cigarette, vapor product intended or reasonably expected to be 56 used with or for the consumption of nicotine, or herbal cigarette or theA. 5983 3 1 distribution without charge of electronic cigarettes, or vapor products 2 intended or reasonably expected to be used with or for the consumption 3 of nicotine to an individual. 4 § 5. Subdivision 1 of section 1399-cc of the public health law is 5 amended by adding a new paragraph (f) to read as follows: 6 (f) "Biometric identity verification device" means a commercial device 7 that instantly verifies the identity and age of a person by an electron- 8 ic scan of a biometric of such person, via a fingerprint, iris image, 9 facial image, or other biometric, or any combination thereof, which is 10 referenced against any record described subdivision three of this 11 section, where (i) the authenticity of the record was previously veri- 12 fied by electronic authentication process, (ii) the identity of the 13 record holder was previously verified through a commercially available 14 knowledge based electronic authentication process and (iii) the authen- 15 ticated record was securely linked to biometrics contemporaneously 16 collected from the verified record holder. 17 § 6. Subdivision 3 of section 1399-cc of the public health law, as 18 amended by chapter 100 of the laws of 2019, is amended to read as 19 follows: 20 3. Sale of tobacco products, herbal cigarettes, liquid nicotine, 21 shisha or electronic cigarettes in such places, other than by a vending 22 machine, shall be made only to an individual who demonstrates, through 23 (a) a valid driver's license or non-driver's identification card issued 24 by the commissioner of motor vehicles, the federal government, any 25 United States territory, commonwealth or possession, the District of 26 Columbia, a state government within the United States or a provincial 27 government of the dominion of Canada, [or] (b) a valid passport issued 28 by the United States government or any other country, [or] (c) an iden- 29 tification card issued by the armed forces of the United States, or (d) 30 use of a biometric identity verification device, 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 § 7. Subdivisions 4, 5, and 6 of section 1399-cc of the public health 38 law, as amended by chapter 542 of the laws of 2014, are amended to read 39 as follows: 40 4. (a) Any person operating a place of business wherein tobacco 41 products, herbal cigarettes, liquid nicotine, shisha or electronic ciga- 42 rettes are sold or offered for sale may perform a transaction scan as a 43 precondition for such purchases, or use a biometric identity verifica- 44 tion device. 45 (b) In any instance where the information deciphered by the trans- 46 action scan fails to match the information printed on the driver's 47 license or non-driver identification card, [or] if the transaction scan 48 indicates that the information is false or fraudulent, or where the use 49 of a biometric identity verification device indicates that the person is 50 under the age of eighteen years of age, the attempted transaction shall 51 be denied. 52 (c) In any proceeding pursuant to section thirteen hundred ninety- 53 nine-ee of this article, it shall be an affirmative defense that the 54 licensee, or agent or employee of a licensee under this chapter had 55 determined such person's age by means of a biometric identity verifica- 56 tion device or that such person had produced a driver's license or non-A. 5983 4 1 driver identification card apparently issued by a governmental entity, 2 successfully completed that transaction scan, and that the tobacco prod- 3 uct, herbal cigarettes or liquid nicotine had been sold, delivered or 4 given to such person in reasonable reliance upon such identification and 5 transaction scan. In evaluating the applicability of such affirmative 6 defense the commissioner shall take into consideration any written poli- 7 cy adopted and implemented by the seller to effectuate the provisions of 8 this chapter. Use of a transaction scan or biometric identity verifica- 9 tion device shall not excuse any person operating a place of business 10 wherein tobacco products, herbal cigarettes, liquid nicotine, shisha or 11 electronic cigarettes are sold, or the agent or employee of such person, 12 from the exercise of reasonable diligence otherwise required by this 13 chapter. Notwithstanding the above provisions, any such affirmative 14 defense shall not be applicable in any civil or criminal proceeding, or 15 in any other forum. 16 5. A licensee or agent or employee of such licensee shall only use a 17 device capable of deciphering any electronically readable format or a 18 biometric identity verification device, and shall only use the informa- 19 tion recorded and maintained through the use of such devices, for the 20 purposes contained in subdivision four of this section. No licensee or 21 agent or employee of a licensee shall resell or disseminate the informa- 22 tion recorded or obtained during such a scan or through the use of a 23 biometric identity verification device to any third person. Such prohib- 24 ited resale or dissemination includes but is not limited to any adver- 25 tising, marketing or promotional activities. Notwithstanding the 26 restrictions imposed by this subdivision, such records may be released 27 pursuant to a court ordered subpoena or pursuant to any other statute 28 that specifically authorizes the release of such information. Each 29 violation of this subdivision shall be punishable by a civil penalty of 30 not more than one thousand dollars. 31 6. A licensee or agent or employee of such a licensee may electron- 32 ically or mechanically record and maintain only the information from a 33 transaction scan or use of a biometric identity verification device 34 necessary to effectuate this section. Such information shall be limited 35 to the following: (a) name, (b) date of birth, (c) driver's license or 36 non-driver identification number, and (d) expiration date. The commis- 37 sioner and state commissioner of motor vehicles shall jointly promulgate 38 any regulations necessary to govern the recording and maintenance of 39 these records produced from a transaction scan by a licensee under this 40 chapter. The commissioner and the state liquor authority shall jointly 41 promulgate any regulation necessary to ensure quality control in the use 42 of the transaction scan devices under this chapter and article five of 43 the alcoholic beverage control law. 44 § 8. This act shall take effect on the ninetieth day after it shall 45 have become a law. Effective immediately the addition, amendment and/or 46 repeal of any rule or regulation necessary for the implementation of 47 this act on its effective date are authorized to be made and completed 48 on or before such effective date.
