senate Bill S7130A

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

do you support this legislation?

You must fill out the form below in order to support or oppose this bill. X

You must login or fill out the fields below for the senator to have an accurate account of the support or opposition to this bill.

Your valid home address is used to determine which NY State Senator Represents you.
Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.
Use this box to enter a message to your senator.

Actions

view actions (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 committed to rules
Jun 06, 2012 advanced to third reading
Jun 05, 2012 2nd report cal.
Jun 04, 2012 1st report cal.1016
May 23, 2012 print number 7130a
amend (t) and recommit to alcoholism and drug abuse
Apr 30, 2012 referred to alcoholism and drug abuse

Votes

view votes

Jun 4, 2012 - Alcoholism and Drug Abuse committee Vote

S7130A
4
0
committee
4
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Alcoholism and Drug Abuse committee vote details

Alcoholism and Drug Abuse Committee Vote: Jun 4, 2012

aye wr (2)

S7130 - Details

See Assembly Version of this Bill:
A10270A
Current Committee:
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §65, ABC L

S7130 - Summary

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

S7130 - Sponsor Memo

S7130 - Bill Text download pdf

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

                                  7130

                            I N  S E N A T E

                             April 30, 2012
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Alcoholism and Drug Abuse

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.

S7130A (ACTIVE) - Details

See Assembly Version of this Bill:
A10270A
Current Committee:
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §65, ABC L

S7130A (ACTIVE) - Summary

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

S7130A (ACTIVE) - Sponsor Memo

S7130A (ACTIVE) - Bill Text download pdf

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

                                 7130--A

                            I N  S E N A T E

                             April 30, 2012
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Alcoholism and Drug  Abuse
  --  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-

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

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.