§ 65-b. Offense for one under age of twenty-one years to purchase or\nattempt to purchase an alcoholic beverage through fraudulent means. 1.\nAs used in this section: (a) "A device capable of deciphering any\nelectronically readable format" or "device" shall mean any commercial\ndevice or combination of devices used at a point of sale or entry that\nis capable of reading the information encoded on the magnetic strip or\nbar code of a driver's license or non-driver identification card issued\nby the commissioner of motor vehicles;\n (b) "Card holder" means any person presenting a driver's license or\nnon-driver identification card to a licensee, or to the agent or\nemployee of such licensee under this chapter; and\n (c) "Transaction scan" means the process involving a device capable of\ndeciphering any electronically readable format by which a licensee, or\nagent or employee of a licensee under this chapter reviews a driver's\nlicense or non-driver identification card presented as a precondition\nfor the purchase of an alcoholic beverage as required by subdivision two\nof this section or as a precondition for admission to an establishment\nlicensed for the on-premises sale of alcoholic beverages where admission\nis restricted to persons twenty-one years or older.\n 2. (a) No person under the age of twenty-one years shall present or\noffer to any licensee under this chapter, or to the agent or employee of\nsuch licensee, any written evidence of age which is false, fraudulent or\nnot actually his own, for the purpose of purchasing or attempting to\npurchase any alcoholic beverage.\n (b) No licensee, or agent or employee of such licensee shall accept as\nwritten evidence of age by any such person for the purchase of any\nalcoholic beverage, any documentation other than: (i) a valid driver's\nlicense or non-driver identification card issued by the commissioner of\nmotor vehicles, the federal government, any United States territory,\ncommonwealth or possession, the District of Columbia, a state government\nwithin the United States or a provincial government of the dominion of\nCanada, or (ii) a valid passport issued by the United States government\nor any other country, or (iii) an identification card issued by the\narmed forces of the United States. Upon the presentation of such\ndriver's license or non-driver identification card issued by a\ngovernmental entity, such licensee or agent or employee thereof may\nperform a transaction scan as a precondition to the sale of any\nalcoholic beverage. Nothing in this section shall prohibit a licensee or\nagent or employee from performing such a transaction scan on any of the\nother documents listed in this subdivision if such documents include a\nbar code or magnetic strip that that may be scanned by a device capable\nof deciphering any electronically readable format.\n (c) In instances where the information deciphered by the transaction\nscan fails to match the information printed on the driver's license or\nnon-driver identification card presented by the card holder, or if the\ntransaction scan indicates that the information is false or fraudulent,\nthe attempted purchase of the alcoholic beverage shall be denied.\n 3. A person violating the provisions of paragraph (a) of subdivision\ntwo of this section shall be guilty of a violation and shall be\nsentenced in accordance with the following:\n (a) For a first violation, the court shall order payment of a fine of\nnot more than one hundred dollars and/or an appropriate amount of\ncommunity service not to exceed thirty hours. In addition, the court may\norder completion of an alcohol awareness program established pursuant to\nsection 19.25 of the mental hygiene law.\n (b) For a second violation, the court shall order payment of a fine of\nnot less than fifty dollars nor more than three hundred fifty dollars\nand/or an appropriate amount of community service not to exceed sixty\nhours. The court also shall order completion of an alc
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