S T A T E O F N E W Y O R K
________________________________________________________________________
5031
2011-2012 Regular Sessions
I N A S S E M B L Y
February 10, 2011
___________
Introduced by M. of A. COOK -- Multi-Sponsored by -- M. of A. CLARK,
HOOPER -- read once and referred to the Committee on Economic Develop-
ment
AN ACT to amend the alcoholic beverage control law, in relation to
requiring retail licensees for on-premises consumption to maintain
devices which measure blood alcohol content for optional use by
patrons
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 106 of the alcoholic beverage control law is
amended by adding a new subdivision 18 to read as follows:
18. EACH RETAIL LICENSEE FOR ON-PREMISES CONSUMPTION SHALL KEEP AND
MAINTAIN UPON THE LICENSED PREMISES A DEVICE APPROVED BY THE AUTHORITY
WHICH MEASURES BLOOD ALCOHOL CONTENT. SUCH DEVICE SHALL BE LOCATED IN
ANY AREA EASILY ACCESSIBLE TO PATRONS AND SHALL BE MADE AVAILABLE FOR
USE BY PATRONS AT NO CHARGE.
S 2. Section 109 of the alcoholic beverage control law is amended by
adding a new subdivision 3 to read as follows:
3. ANY RENEWAL OF A LICENSE TO SELL AT RETAIL FOR ON-PREMISES CONSUMP-
TION SHALL BE ACCOMPANIED BY PROOF THAT SUCH PREMISES IS EQUIPPED WITH A
DEVICE TO MEASURE BLOOD ALCOHOL CONTENT PURSUANT TO SECTION ONE HUNDRED
SIX OF THIS ARTICLE.
S 3. This act shall take effect on the sixtieth day after it shall
have become a law, provided, however that the state liquor authority
shall promulgate any rules or regulations necessary for the timely
implementation of this act on or before such date.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02447-01-1