Bill Text: NY A05333 | 2019-2020 | General Assembly | Introduced


Bill Title: Imposes the duty to buy and use an identification scanner upon alcoholic beverage licensee found to have given such a beverage to a person under 21.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2019-02-08 - referred to economic development [A05333 Detail]

Download: New_York-2019-A05333-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          5333
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 8, 2019
                                       ___________
        Introduced by M. of A. CRESPO -- read once and referred to the Committee
          on Economic Development
        AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
          penalties for the provision, by a licensee, of an  alcoholic  beverage
          to a person under the age of 21
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 3 of the alcoholic beverage control law is  amended
     2  by adding a new subdivision 9-b to read as follows:
     3    9-b.  "Device  capable  of  deciphering  any  electronically  readable
     4  format" or "device"  means  any  commercial  device  or  combination  of
     5  devices  used  at a point of sale or entry that is capable of accurately
     6  reading, to the satisfaction of the authority, the  information  encoded
     7  on  the  magnetic  strip or bar code of a drivers' license or non-driver
     8  identification card issued by the  commissioner  of  motor  vehicles  to
     9  ensure  the  presenter  of  such license or card is not under the age of
    10  twenty-one.
    11    § 2. Section 65 of the alcoholic beverage control law  is  amended  by
    12  adding a new subdivision 8 to read as follows:
    13    8.  As an alternative to any other penalty authorized by law, a licen-
    14  see found to have violated the provisions of  subdivision  one  of  this
    15  section may, with the consent of the licensee, be ordered by the author-
    16  ity to purchase a device capable of deciphering any electronically read-
    17  able  format and to provide proof that such device is regularly utilized
    18  to accurately perform transaction scans at the licensed  premises.  Such
    19  purchase  and  proof of regular use of a device may be considered by the
    20  authority, in the discretion of the authority,  to  reduce  or  mitigate
    21  other  civil  fines  imposed upon the licensees for future violations of
    22  this section.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08891-01-9

        A. 5333                             2
     1    § 3. Paragraph (a) of subdivision 1 of section 65-b of  the  alcoholic
     2  beverage  control law, as amended by chapter 519 of the laws of 1999, is
     3  amended to read as follows:
     4    (a)  ["A  device]  "Device  capable  of deciphering any electronically
     5  readable format" or "device" shall [mean any commercial device or combi-
     6  nation of devices used at a point of sale or entry that  is  capable  of
     7  reading  the  information encoded on the magnetic strip or bar code of a
     8  driver's license or non-driver identification card issued by the commis-
     9  sioner of motor vehicles] be defined as provided in  subdivision  nine-b
    10  of section three of this chapter;
    11    § 4. This act shall take effect on the one hundred eightieth day after
    12  it  shall have become a law. Effective immediately, the addition, amend-
    13  ment and/or repeal of any rule or regulation necessary for the implemen-
    14  tation of this act on its effective date are authorized to be  made  and
    15  completed on or before such date.
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