New York Association of Convenience Stores

130 Washington Avenue, Suite 300, Albany NY 12210

TELEPHONE: (800) 33-NYACS or (518) 432-1400 FAX: (518) 432-7400

MEMORANDUM IN SUPPORT

A.8345 by Assemblyman Schimminger

AN ACT to amend chapter 519 of the laws of 1999, amending the alcoholic

beverage control law and the public health law relating to the sale of alcohol and

tobacco products to minors, in relation to extending the provisions of such chapter

The New York Association of Convenience Stores represents nearly 6,000 neighborhood mini marts and convenience stores licensed by the State of New York to responsibly sell tobacco products and/or alcoholic beverages to adult customers.

This bill would extend an existing statute that provides incentives to such retailers to voluntarily use electronic scanning devices to verify the age of a cigarette or beer purchaser. The law is significant in three ways:

§ Rather than mandating the use of ID scanners, it rewards responsible retailers who voluntarily deploy the technology by granting them the shield of an affirmative defense in the event of an enforcement proceeding that might otherwise entail license suspension.

§ It holds the underage purchaser accountable, by imposing penalties for fraudulent use of an ID card in the purchase of tobacco or beer. This signifies that preventing youth access to such products is a shared responsibility among retailers, the community, and young people themselves.

§ It protects consumers against unauthorized dissemination of personal data scanned from their license or ID card by these devices. Merchants are forbidden from selling or inappropriately using such information.

Although not the total solution, the age verification scanner is a valuable tool. By combining this technology with retail training, compliance enforcement, health education, and parental supervision, New York is making progress in curtailing underage smoking and drinking.

By broadening deployment of these age verification devices in stores across the state, this law is helping the retail community fulfill its commitment to keeping cigarettes and beer out of the hands of kids. Accordingly, NYACS strongly recommends it be extended through 2007.

James S. Calvin

President, NYACS

June 10, 2005