NY State Senate Bill 2017-S4904

Senate Bill S4904

2017-2018 Legislative Session

Requires posting of sign in all premises licensed to sell alcoholic beverages on the premises which offers to assist patrons in obtaining alternative transportation

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Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 03, 2017	referred to investigations and government operations

co-Sponsors

2017-S4904 (ACTIVE) - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Add §105-c, ABC L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S3094
2011-2012: S313
2013-2014: S296
2015-2016: S257

2017-S4904 (ACTIVE) - Summary

Requires the posting of a sign in all premises licensed to sell alcoholic beverages on the premises which offers to assist patrons in obtaining an alternative means of transportation should their ability to drive be compromised by the consumption of alcohol.

2017-S4904 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4904

 TITLE OF BILL :

An act to amend the alcoholic beverage control law, in relation to the
posting of a sign alerting patrons who consume alcohol that assistance
in obtaining safe transportation shall be provided

 PURPOSE OR GENERAL IDEA OF BILL :

To reduce the incidence of driving while intoxicated by requiring
licensees to post a sign stating that, if requested, management will
place a phone call in order to provide patrons with safe
transportation:

 SUMMARY OF PROVISIONS :

Section 1. Amends the Alcoholic Beverage Control Law by adding a new
Section 105-c. Requires the State Liquor Authority to have a sign or
poster distributed to all on-premises licensees stating: "Driving and
drinking don't mix. If requested, management will assist you in
placing one local call in an effort to obtain alternative
transportation." Requires such sign to be conspicuously lettered in at
least 72-point type. Requires licensees to display the sign or poster
in a conspicuous place. Provides that licensees shall assist patrons
in obtaining alternative transportation by calling a local

transportation service or allowing the patron to make one local call
on their own behalf to arrange for such transportation. Provides that
the licensee shall not be held liable due to the failure of the
transportation service or alternative transportation to respond.
Establishes penalties not to exceed $100.

Section 2. Effective Date

 EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER :

While many on-premises establishments will gladly make a call to keep
an intoxicated patron from getting behind the wheel, there is
currently no posting requirement to alert customers to that
possibility.

 JUSTIFICATION :

Numerous fatalities and accidents occur after an individual who has
been drinking alcohol in an establishment gets behind the wheel of a
car and attempts to drive home or elsewhere. These unfortunate
occurrences may be avoided if such patrons are made aware that there
are other means by which they may safely get to their next
destination.  This bill would seek to notify such patrons of the
available alternatives by requiring posting of a sign alerting them
that the management of the establishment is ready, willing and able to
place a phone call on their behalf to a friend, family member or
taxicab company in order to provide them with an alternative form of
transportation. This will not only benefit the patron of the
establishment, but will also benefit the establishment and the public
by avoiding the potential results of driving while intoxicated.

 EXISTING LAW :

None.

 PRIOR LEGISLATIVE HISTORY :

2016: S.257 - REFERRED TO INVESTIGATIONS AND GOVERNMENT
OPERATIONS/A.6736 - referred to economic development

2015: S.257 - REFERRED TO INVESTIGATIONS AND GOVERNMENT
OPERATIONS/A.6736 - referred to economic development
2014 S.296 - Referred to Investigations and Government
Operations/A.3898 - Held for consideration in Economic Development
2013: S.296 - Referred to Referred to Investigations and Government
Operations/A.3898 Referred to Economic Development
2012: S.313 - Committee Discharged and Committed to Rules/A.9198 -
Held for consideration in Economic Development
2011: S.313 - Advanced to 3rd Reading/A.9198 - Referred to Economic
Development
2009-10: S.3094 - Referred to Investigations and Government
Operations/A.8606 - Referred to Economic Development
2007-08: S.773 Referred to Investigations and Government
Operations/A.2286 Referred to Economic Development
2005-06: S.826 Referred to Investigations and Government
Operations/A.4188 Referred to Economic Development
2004: S.5606 - Referred to Investigations and Government
Operations/A.9125 Referred to Economic Development
2003: S.5606 - Passed Senate/A.9125 Referred to Economic Development

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

None.

 EFFECTIVE DATE :
The first of October after becoming law.

2017-S4904 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4904
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2017
                                ___________
 
 Introduced  by Sens. DIAZ, AVELLA -- read twice and ordered printed, and
   when printed to be committed to the Committee  on  Investigations  and
   Government Operations
 
 AN  ACT  to amend the alcoholic beverage control law, in relation to the
   posting of a sign alerting patrons who consume alcohol that assistance
   in obtaining safe transportation shall be provided
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The alcoholic beverage control law is amended by adding a
 new section 105-c to read as follows:
   § 105-C. SIGN POSTING AND ALTERNATIVE  TRANSPORTATION  ASSISTANCE.  1.
 THE  AUTHORITY  SHALL  PREPARE,  HAVE  PRINTED AND DISTRIBUTE ACROSS THE
 STATE TO ALL PERSONS WITH A LICENSE TO SELL ANY ALCOHOLIC  BEVERAGE  FOR
 CONSUMPTION ON THE PREMISES, A SIGN OR POSTER WITH CONSPICUOUS LETTERING
 THAT  STATES:  "DRINKING AND DRIVING DON'T MIX. IF REQUESTED, MANAGEMENT
 WILL ASSIST YOU IN PLACING ONE LOCAL CALL IN AN EFFORT TO OBTAIN  ALTER-
 NATIVE  TRANSPORTATION."    SUCH  SIGN  OR  POSTER MUST HAVE CONSPICUOUS
 LETTERING IN AT LEAST SEVENTY-TWO POINT BOLD FACE TYPE THAT  STATES  THE
 NOTICE SET FORTH IN THIS SUBDIVISION.
   2.  ALL  PERSONS  WITH  A  LICENSE  TO SELL ANY ALCOHOLIC BEVERAGE FOR
 CONSUMPTION ON THE PREMISES SHALL DISPLAY IN  A  CONSPICUOUS  PLACE  THE
 SIGN OR POSTER UPON RECEIVING IT FROM THE AUTHORITY.
   3. PERSONS WITH A LICENSE TO SELL ANY ALCOHOLIC BEVERAGES FOR CONSUMP-
 TION  ON  THE  PREMISES  SHALL  ASSIST  PATRONS IN OBTAINING ALTERNATIVE
 TRANSPORTATION SHOULD IT BE REQUESTED PURSUANT  TO  SUBDIVISION  ONE  OF
 THIS  SECTION.  ASSISTANCE SHALL BE PROVIDED BY PLACING A MINIMUM OF ONE
 LOCAL TELEPHONE CALL TO A LOCAL TRANSPORTATION  SERVICE,  AND  IN  AREAS
 WHERE  A LOCAL TRANSPORTATION SERVICE IS NOT AVAILABLE OR IN CASES WHERE
 SUCH LOCAL TRANSPORTATION SERVICE DOES NOT  RESPOND  TO  A  REQUEST  FOR
 SERVICE, ALLOW THE PATRON TO PLACE ONE LOCAL TELEPHONE CALL ON THEIR OWN
 BEHALF  IN  AN EFFORT TO OBTAIN ALTERNATIVE TRANSPORTATION.  NO REQUIRE-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07233-01-7

 S. 4904                             2
 
 MENT WILL BE PLACED ON THE LICENSEE SHOULD TELEPHONE SERVICE BE UNAVAIL-
 ABLE AT THE TIME OF THE REQUEST NOR SHALL THE LICENSEE BE LIABLE FOR ANY
 FAILURE ON THE PART OF THE TRANSPORTATION  SERVICE  OR  THE  ALTERNATIVE
 TRANSPORTATION TO RESPOND TO THE REQUEST FOR SERVICE.
   4.  ANY PERSON WITH SUCH LICENSE WHO VIOLATES THE PROVISIONS OF SUBDI-
 VISION TWO OR THREE OF THIS SECTION SHALL BE SUBJECT TO A  FINE  NOT  TO
 EXCEED ONE HUNDRED DOLLARS.
   §  2. This act shall take effect on the first of October next succeed-
 ing the date on which it shall have become a law.

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Senate Bill S4904

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Sponsored By

Ruben Diaz