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Assembly Bill A11210

2009-2010 Legislative Session

Grants civil immunity to bars in Westchester that scan for proof of age and provide free transportation to patrons

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Archive: Last Bill Status - In Assembly Committee

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2009-A11210 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
General Obligations Law
Laws Affected:
Add ยง11-109, Gen Ob L

2009-A11210 (ACTIVE) - Summary

Provides immunity from liability for injury or damage caused by intoxication of a patron when the operator of a premises in the county of Westchester scans for proof of age and offers and provides, free of charge, transportation to patrons.

2009-A11210 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  11210

                          I N  A S S E M B L Y

                              May 25, 2010
                               ___________

Introduced by M. of A. CASTELLI -- read once and referred to the Commit-
  tee on Judiciary

AN  ACT  to  amend  the general obligations law, in relation to immunity
  from liability for injury or damage caused by intoxication of  another
  person when the operator of such a premises in the county of Westches-
  ter  scans  for  proof of age and offers and provides, free of charge,
  transportation to patrons

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.    The  general obligations law is amended by adding a new
section 11-109 to read as follows:
  S 11-109. IMMUNITY OF LICENSED PREMISES IN THE COUNTY  OF  WESTCHESTER
FROM LIABILITY FOR INJURY OR DAMAGE CAUSED BY INTOXICATION OF PATRONS. A
PERSON LICENSED TO SELL ANY ALCOHOLIC BEVERAGE AT RETAIL FOR ON PREMISES
CONSUMPTION  IN  THE  COUNTY  OF  WESTCHESTER  PURSUANT TO THE ALCOHOLIC
BEVERAGE CONTROL LAW, OR ANY AGENT OR EMPLOYEE THEREOF, SHALL BE  IMMUNE
FROM  LIABILITY  FOR  INJURY  OR  DAMAGE CAUSED BY AN INTOXICATED PATRON
AFTER HE OR SHE LEAVES THE LICENSED PREMISES, IF THE LICENSED PREMISES:
 1. PERFORMS TRANSACTION SCANS FOR PROOF OF  AGE,  PURSUANT  TO  SECTION
SIXTY-FIVE-B  OF  THE  ALCOHOLIC  BEVERAGE  CONTROL LAW UPON ALL PATRONS
ATTEMPTING TO ACQUIRE AN ALCOHOLIC BEVERAGE; AND
  2. PROVIDES, FREE OF CHARGE, TRANSPORTATION, TO INTOXICATED AND POSSI-
BLY INTOXICATED PATRONS, TO THE PATRON'S RESIDENCE OR PLACE  OF  LODGING
WITHIN  TWENTY-FIVE MILES OF THE LICENSED PREMISES AND INSIDE THE COUNTY
OF WESTCHESTER.
  S 2. This act shall take effect immediately;  provided,  that  section
one  of  this  act shall apply to causes of action commenced on or after
such effective date.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD17139-02-0

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