S T A T E O F N E W Y O R K
________________________________________________________________________
1404
2009-2010 Regular Sessions
I N S E N A T E
January 29, 2009
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Introduced by Sens. MAZIARZ, FLANAGAN, GOLDEN, MORAHAN, VOLKER -- read
twice and ordered printed, and when printed to be committed to the
Committee on Mental Health and Developmental Disabilities
AN ACT to amend the alcoholic beverage control law, in relation to addi-
tional penalties for prohibited sales of alcoholic beverages
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 65-e to read as follows:
S 65-E. ADDITIONAL PENALTIES FOR PROHIBITED SALES OF ALCOHOLIC BEVER-
AGES. IF A DETERMINATION IS MADE SUSTAINING A CHARGE VIOLATING SUBDIVI-
SION TWO OF SECTION 260.20 OF THE PENAL LAW, IN ADDITION TO THE IMPOSI-
TION OF ANY OTHER PENALTY AUTHORIZED UNDER SUCH LAW THE COURT SHALL
SUSPEND SUCH PERSON'S LICENSE TO DRIVE A MOTOR VEHICLE AND THE PRIVILEGE
OF AN UNLICENSED PERSON OF OBTAINING SUCH LICENSE, FOR A PERIOD OF THIR-
TY DAYS FOR A FIRST OFFENSE, NINETY DAYS FOR A SECOND OFFENSE AND ONE
YEAR FOR A THIRD OFFENSE OR ANY SUBSEQUENT OFFENSE. HOWEVER, THE COURT
MAY ISSUE AN ORDER PERMITTING SUCH PERSON TO OPERATE A MOTOR VEHICLE FOR
PURPOSES OF THE PERSON'S EMPLOYMENT, ATTENDANCE AT SCHOOL OR TO COURT
COUNSELING PROGRAMS DURING THE HOURS OF THE DAY AND THE DAYS OF THE WEEK
SET FORTH IN THE ORDER. PROVIDED, HOWEVER, THE PROVISIONS OF THIS
SECTION SHALL NOT APPLY TO A PERSON LICENSED UNDER THIS CHAPTER.
S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01239-01-9