Bill Text: NY S01987 | 2017-2018 | General Assembly | Amended

---

Bill Title: Imposes the 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 2-0)

Status: (Engrossed - Dead) 2018-03-21 - referred to economic development [S01987 Detail]

Download: New_York-2017-S01987-Amended.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                         1987--A
            Cal. No. 759
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 11, 2017
                                       ___________
        Introduced  by  Sens. KLEIN, CARLUCCI -- read twice and ordered printed,
          and when printed to be committed to the  Committee  on  Investigations
          and  Government  Operations -- reported favorably from said committee,
          ordered to first and second report, amended on second report,  ordered
          to  a  third  reading,  and  to be reprinted as amended, retaining its
          place in the order of third reading
        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  accurately
     6  reading,  to  the satisfaction of the authority, the information encoded
     7  on the magnetic strip or bar code of a drivers'  license  or  non-driver
     8  identification  card  issued  by  the  commissioner of motor vehicles to
     9  ensure the presenter of such license or card is not  under  the  age  of
    10  twenty-one.
    11    §  2.  Section  65 of the alcoholic beverage control law is amended by
    12  adding a new subdivision 8 to read as follows:
    13    8. As an alternative to any other penalty authorized by law, a  licen-
    14  see  found  to  have  violated the provisions of subdivision one of this
    15  section may, with the consent of the licensee, be ordered by the author-
    16  ity to purchase a device capable of deciphering any electronically read-
    17  able format and to provide proof that such device is regularly  utilized
    18  to  accurately  perform transaction scans at the licensed premises. Such
    19  purchase and proof of regular use of a device may be considered  by  the
    20  authority,  in  the  discretion  of the authority, to reduce or mitigate
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07437-03-7
        S. 1987--A                          2
     1  other civil fines imposed upon the licensees for  future  violations  of
     2  this section.
     3    §  3.  Paragraph (a) of subdivision 1 of section 65-b of the alcoholic
     4  beverage control law, as amended by chapter 519 of the laws of 1999,  is
     5  amended to read as follows:
     6    (a)  ["A  device]  "Device  capable  of deciphering any electronically
     7  readable format" or "device" shall [mean any commercial device or combi-
     8  nation of devices used at a point of sale or entry that  is  capable  of
     9  reading  the  information encoded on the magnetic strip or bar code of a
    10  driver's license or non-driver identification card issued by the commis-
    11  sioner of motor vehicles] be defined as provided in  subdivision  nine-b
    12  of section three of this chapter;
    13    § 4. This act shall take effect on the one hundred eightieth day after
    14  it  shall  have become a law; provided, that, effective immediately, any
    15  rules and regulations necessary to implement the provisions of this  act
    16  on  its  effective date are authorized and directed to be added, amended
    17  and/or repealed on or before such date.