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.
