Bill Text: NY A06690 | 2015-2016 | General Assembly | Introduced
Bill Title: Establishes a defense for underage sale of alcoholic beverages to licensees which perform transaction scans and have no violations for 2 years.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-01-06 - referred to economic development [A06690 Detail]
Download: New_York-2015-A06690-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
6690
2015-2016 Regular Sessions
I N A S S E M B L Y
March 30, 2015
___________
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
establishing a defense to administrative actions brought by the state
liquor authority for providing alcoholic beverages to a person under
twenty-one years of age
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Paragraph (b) of subdivision 6 of section 65 of the alco-
2 holic beverage control law, as amended by chapter 435 of the laws of
3 2010, is amended and a new paragraph (c) is added to read as follows:
4 (b) it shall be an affirmative defense that at the time of such
5 violation such person who committed such alleged violation held a valid
6 certificate of completion or renewal from an entity authorized to give
7 and administer an alcohol training awareness program pursuant to subdi-
8 vision twelve of section seventeen of this chapter. Such licensee shall
9 have diligently implemented and complied with all of the provisions of
10 the approved training program. In such proceeding to revoke, cancel or
11 suspend a license pursuant to section one hundred eighteen of this chap-
12 ter, the licensee must prove each element of such affirmative defense by
13 a preponderance of the credible evidence. Evidence of three unlawful
14 sales of alcoholic beverages by any employee of a licensee to persons
15 under twenty-one years of age, within a two year period, shall be
16 considered by the authority in determining whether the licensee had
17 diligently implemented such an approved program[.]; AND
18 (C) NO SUCH PROCEEDING SHALL BE BROUGHT AGAINST A LICENSEE WHO CAN
19 ASSERT THAT (I) THE LICENSEE HAS AN OPERATING DEVICE CAPABLE OF DECI-
20 PHERING ANY ELECTRONICALLY READABLE FORMAT, AS DEFINED IN PARAGRAPH (A)
21 OF SUBDIVISION ONE OF SECTION SIXTY-FIVE-B OF THIS ARTICLE, UPON THE
22 LICENSED PREMISES; (II) THE LICENSEE CAN DEMONSTRATE THAT IT REQUIRES
23 ITS AGENTS AND EMPLOYEES TO CONDUCT A TRANSACTION SCAN, AS DEFINED IN
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03945-01-5
A. 6690 2
1 PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION SIXTY-FIVE-B OF THIS ARTI-
2 CLE, OF EACH WRITTEN EVIDENCE OF AGE PRESENTED PRIOR TO EVERY SALE OR
3 DELIVERY OF ALCOHOLIC BEVERAGES; (III) THE LICENSEE HOLDS A VALID
4 CERTIFICATE OF COMPLETION OR RENEWAL FROM AN ENTITY AUTHORIZED TO GIVE
5 AND ADMINISTER AN ALCOHOL AWARENESS PROGRAM PURSUANT TO SUBDIVISION
6 TWELVE OF SECTION SEVENTEEN OF THIS CHAPTER; AND (IV) HAS HAD NO
7 VIOLATIONS OF SUBDIVISION ONE OF THIS SECTION UPON THE LICENSED PREMISES
8 WITHIN THE PREVIOUS TWO YEARS. FOR THE PURPOSES OF THIS PARAGRAPH, THE
9 TWO YEAR PERIOD SHALL BE MEASURED FROM THE DATES ANY VIOLATIONS
10 OCCURRED.
11 S 2. This act shall take effect on the first of January next succeed-
12 ing the date on which it shall have become a law.
