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Assembly Bill A10270A

2011-2012 Legislative Session

Establishes a defense for underage sale of alcoholic beverages to licensees which perform transaction scans and have no violations for 2 years

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2011-A10270 - Details

See Senate Version of this Bill:
S7130
Current Committee:
Assembly Economic Development
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §65, ABC L
Versions Introduced in Other Legislative Sessions:
2013-2014: A2532, S4102
2015-2016: A6690, S4086
2017-2018: A5198, S1988
2019-2020: S249

2011-A10270 - Summary

Establishes a defense for underage sale of alcoholic beverages to licensees which perform transaction scans and have no violations for 2 years.

2011-A10270 - Bill Text download pdf 

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

                                  10270

                          I N  A S S E M B L Y

                              May 17, 2012
                               ___________

Introduced by M. of A. CRESPO -- read once and referred to the Committee
  on Economic Development

AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
  establishing an affirmative 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:

  Section  1.  Paragraph (b) of subdivision 6 of section 65 of the alco-
holic beverage control law, as amended by chapter 435  of  the  laws  of
2010, is amended and a new paragraph (c) is added to read as follows:
  (b)  it  shall  be  an  affirmative  defense  that at the time of such
violation such person who committed such alleged violation held a  valid
certificate  of  completion or renewal from an entity authorized to give
and administer an alcohol training awareness program pursuant to  subdi-
vision  twelve of section seventeen of this chapter. Such licensee shall
have diligently implemented and complied with all of the  provisions  of
the  approved  training program. In such proceeding to revoke, cancel or
suspend a license pursuant to section one hundred eighteen of this chap-
ter, the licensee must prove each element of such affirmative defense by
a preponderance of the credible evidence.   Evidence of  three  unlawful
sales  of  alcoholic  beverages by any employee of a licensee to persons
under twenty-one years of age,  within  a  two  year  period,  shall  be
considered  by  the  authority  in  determining whether the licensee had
diligently implemented such an approved program[.]; AND
  (C) IT SHALL BE AN AFFIRMATIVE  DEFENSE  THAT  AT  THE  TIME  OF  SUCH
VIOLATION  (I) THE LICENSEE HAS AN OPERATING DEVICE CAPABLE OF DECIPHER-
ING ANY ELECTRONICALLY READABLE FORMAT, AS DEFINED IN PARAGRAPH  (A)  OF
SUBDIVISION  ONE  OF  SECTION  SIXTY-FIVE-B  OF  THIS  ARTICLE, UPON THE
LICENSED PREMISES; (II) THE LICENSEE CAN DEMONSTRATE  THAT  IT  REQUIRES
ITS  AGENTS  AND  EMPLOYEES TO CONDUCT A TRANSACTION SCAN, AS DEFINED IN
PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION SIXTY-FIVE-B OF  THIS  ARTI-
CLE,  OF  EACH  WRITTEN EVIDENCE OF AGE PRESENTED PRIOR TO EVERY SALE OR
DELIVERY OF ALCOHOLIC  BEVERAGES;  (III)  THE  LICENSEE  HOLDS  A  VALID

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

co-Sponsors

multi-Sponsors

2011-A10270A (ACTIVE) - Details

See Senate Version of this Bill:
S7130
Current Committee:
Assembly Economic Development
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §65, ABC L
Versions Introduced in Other Legislative Sessions:
2013-2014: A2532, S4102
2015-2016: A6690, S4086
2017-2018: A5198, S1988
2019-2020: S249

2011-A10270A (ACTIVE) - Summary

Establishes a defense for underage sale of alcoholic beverages to licensees which perform transaction scans and have no violations for 2 years.

2011-A10270A (ACTIVE) - Bill Text download pdf 

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

                                10270--A

                          I N  A S S E M B L Y

                              May 17, 2012
                               ___________

Introduced by M. of A. CRESPO -- read once and referred to the Committee
  on Economic Development -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

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:

  Section  1.  Paragraph (b) of subdivision 6 of section 65 of the alco-
holic beverage control law, as amended by chapter 435  of  the  laws  of
2010, is amended and a new paragraph (c) is added to read as follows:
  (b)  it  shall  be  an  affirmative  defense  that at the time of such
violation such person who committed such alleged violation held a  valid
certificate  of  completion or renewal from an entity authorized to give
and administer an alcohol training awareness program pursuant to  subdi-
vision  twelve of section seventeen of this chapter. Such licensee shall
have diligently implemented and complied with all of the  provisions  of
the  approved  training program. In such proceeding to revoke, cancel or
suspend a license pursuant to section one hundred eighteen of this chap-
ter, the licensee must prove each element of such affirmative defense by
a preponderance of the credible evidence.   Evidence of  three  unlawful
sales  of  alcoholic  beverages by any employee of a licensee to persons
under twenty-one years of age,  within  a  two  year  period,  shall  be
considered  by  the  authority  in  determining whether the licensee had
diligently implemented such an approved program[.]; AND
  (C) NO SUCH PROCEEDING SHALL BE BROUGHT AGAINST  A  LICENSEE  WHO  CAN
ASSERT  THAT  (I)  THE LICENSEE HAS AN OPERATING DEVICE CAPABLE OF DECI-
PHERING ANY ELECTRONICALLY READABLE FORMAT, AS DEFINED IN PARAGRAPH  (A)
OF  SUBDIVISION  ONE  OF  SECTION SIXTY-FIVE-B OF THIS ARTICLE, UPON THE
LICENSED PREMISES; (II) THE LICENSEE CAN DEMONSTRATE  THAT  IT  REQUIRES
ITS  AGENTS  AND  EMPLOYEES TO CONDUCT A TRANSACTION SCAN, AS DEFINED IN
PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION SIXTY-FIVE-B OF  THIS  ARTI-
CLE,  OF  EACH  WRITTEN EVIDENCE OF AGE PRESENTED PRIOR TO EVERY SALE OR

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

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