New York A 7758: Relates to the use of biometric identity verification devices for the purchase of alcoholic beverages and tobacco products

Bill Text

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A07758 Summary:

BILL NOA07758 

&nbsp

SAME ASSAME AS S00565

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SPONSORWalker

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §65-b, ABC L; amd §§1399-bb & 1399-cc, Pub Auth L

&nbsp

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.

Go to top A07758 Actions:

BILL NOA07758 

&nbsp

04/08/2025referred to economic development

01/07/2026referred to economic development

Go to topA07758 Committee&nbspVotes:

Go to topA07758 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA07758 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 7758

 2025-2026 Regular Sessions

 IN ASSEMBLY

 April 8, 2025
 ___________

 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 and is stored in a
 14 centralized, highly secured, encrypted biometric database.
 15 § 2. Subdivision 2 of section 65-b of the alcoholic beverage control
 16 law is amended by adding a new paragraph (d) to read as follows:
 17 (d) In lieu of or in addition to accepting written evidence of age as
 18 set forth in paragraph (b) of this subdivision, a licensee, its agent or
 19 employee may determine a person's age by use of a biometric identity
 20 verification device. In any instance where the use of the device indi-
 21 cates that the person is under the age of twenty-one years, the
 22 attempted purchase of the alcoholic beverage shall be denied.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01991-01-5

 A. 7758 2

 1 § 3. Subdivision 7 of section 65-b of the alcoholic beverage control
 2 law, as added by chapter 519 of the laws of 1999, is amended to read as
 3 follows:
 4 7. (a) In any proceeding pursuant to subdivision one of section
 5 sixty-five of this article, it shall be an affirmative defense that: (i)
 6 the licensee, its agent or employee had determined such person's age by
 7 means of a biometric identity verification device or that such person
 8 had produced a driver's license or non-driver identification card appar-
 9 ently issued by a governmental entity, successfully completed the trans-
 10 action scan, and (ii) that the alcoholic beverage had been sold, deliv-
 11 ered or given to such person in reasonable reliance upon either such
 12 biometric identity verification device or such identification and trans-
 13 action scan. In evaluating the applicability of such affirmative
 14 defense, the liquor authority shall take into consideration any written
 15 policy adopted and implemented by the seller to carry out the provisions
 16