Bill Text: NY S04086 | 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: (Engrossed - Dead) 2016-06-01 - referred to economic development [S04086 Detail]

Download: New_York-2015-S04086-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4086
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   February 26, 2015
                                      ___________
       Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Alcoholism and Drug Abuse
       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
       S. 4086                             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.
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