Bill Text: NY A06710 | 2015-2016 | General Assembly | Introduced

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Bill Title: Imposes a fine or 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 1-0)

Status: (Introduced - Dead) 2016-01-06 - referred to economic development [A06710 Detail]

Download: New_York-2015-A06710-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6710
                              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
         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 READING THE
    6  INFORMATION ENCODED ON THE MAGNETIC STRIP OR  BAR  CODE  OF  A  DRIVERS'
    7  LICENSE  OR NON-DRIVER IDENTIFICATION CARD ISSUED BY THE COMMISSIONER OF
    8  MOTOR VEHICLES.
    9    S 2. Section 65 of the alcoholic beverage control law  is  amended  by
   10  adding a new subdivision 8 to read as follows:
   11    8.  AS  AN  ALTERNATIVE  TO  ANY  OTHER PENALTY AUTHORIZED BY LAW, ANY
   12  LICENSEE FOUND TO HAVE VIOLATED THE PROVISIONS  OF  SUBDIVISION  ONE  OF
   13  THIS SECTION MAY BE ORDERED BY THE AUTHORITY:
   14    (A) TO PAY A CIVIL PENALTY OF TWO THOUSAND DOLLARS, OR TO PURCHASE AND
   15  UTILIZE  A  DEVICE  CAPABLE  OF  DECIPHERING ANY ELECTRONICALLY READABLE
   16  FORMAT UPON THE LICENSED PREMISE, UPON THE FIRST SUCH  VIOLATION  DURING
   17  ANY FIVE YEAR PERIOD OF TIME; AND
   18    (B) TO PAY A CIVIL PENALTY OF FIVE THOUSAND DOLLARS, OR TO PAY A CIVIL
   19  PENALTY  OF TWO THOUSAND DOLLARS AND PURCHASE AND UTILIZE A DEVICE CAPA-
   20  BLE OF DECIPHERING ANY ELECTRONICALLY READABLE FORMAT UPON THE  LICENSED
   21  PREMISES,  UPON THE SECOND SUCH VIOLATION DURING ANY FIVE YEAR PERIOD OF
   22  TIME.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03949-02-5
       A. 6710                             2
    1    S 3. Subdivision 1 of section 65-b of the alcoholic  beverage  control
    2  law,  as  amended by chapter 519 of the laws of 1999, is amended to read
    3  as follows:
    4    1.  As used in this section: (a) ["A device capable of deciphering any
    5  electronically readable format" or "device" shall  mean  any  commercial
    6  device  or  combination of devices used at a point of sale or entry that
    7  is capable of reading the information encoded on the magnetic  strip  or
    8  bar  code of a driver's license or non-driver identification card issued
    9  by the commissioner of motor vehicles;
   10    (b)] "Card holder" means any person presenting a driver's  license  or
   11  non-driver identification card to a licensee, or to the agent or employ-
   12  ee of such licensee under this chapter; and
   13    [(c)]  (B)  "Transaction  scan"  means  the process involving a device
   14  capable of deciphering any electronically readable  format  by  which  a
   15  licensee,  or agent or employee of a licensee under this chapter reviews
   16  a driver's license or non-driver  identification  card  presented  as  a
   17  precondition  for  the  purchase of an alcoholic beverage as required by
   18  subdivision two of this section or as a precondition for admission to an
   19  establishment licensed for the on-premises sale of  alcoholic  beverages
   20  where admission is restricted to persons twenty-one years or older.
   21    S 4. This act shall take effect on the one hundred eightieth day after
   22  it  shall  have become a law; provided, that, effective immediately, any
   23  rules and regulations necessary to implement the provisions of this  act
   24  on  its  effective date are authorized and directed to be added, amended
   25  and/or repealed on or before such date.