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.