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

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Archive: Last Bill Status - In Committee


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

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Actions

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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

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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)

Bill Amendments

Original
A (Active)
Original
A (Active)

S7130 - Bill Details

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

S7130 - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S7130

TITLE OF BILL:
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

PURPOSE OR GENERAL IDEA OF BILL:
This bill incentivizes business' use of best practices to combat
underage drinking and sales to minors. It creates an affirmative
defense for selling alcohol to a minor if the licensee bought an
identification scanner trains and ensures its use, completed a State
Liquor Authority Alcohol Awareness program, and kept a clean record
for two years. If the defense is prevailed Upon, the licensee is
afforded immunity from additional administrative penalties and is
exempt from civil liability for selling to a minor.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1- Establishes an affirmative defense that at the time of
violation:
(i) licensee has an operating scanner; (ii) can demonstrate it
requires its agents and employees to conduct a transaction scan;
(iii) the licensee holds a valid certificate of completion of a
licensed alcohol awareness program;
and (iv) has no violations within the previous two years as measured
from the dates any violations may have occurred. In addition to
successfully asserting the affirmative defense, the licensee may not
be subject to administrative penalties or civil liabilities for the
provision of alcoholic beverages.

JUSTIFICATION:
This bill is designed to incentivize businesses to use the best
practices to combat underage drinking. As these businesses are a
vital link in the chain in alcohol procurement by minors, it is
imperative that they use caution and the best available technology to
prevent access by minors. However, rather than impose additional
fines and penalties, this bill recognizes the challenges faced by
businesses in recognizing modern false identification and instead
incentives the best techniques against these. It also allows that if
a business has done the very best it feasibly can, that it should
also be afforded immunity from other liability stemming from the same
transaction.

PRIOR LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law.

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                    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.
                                                           LBD15094-02-2

S. 7130                             2

CERTIFICATE OF COMPLETION OR RENEWAL FROM AN ENTITY AUTHORIZED  TO  GIVE
AND  ADMINISTER  AN  ALCOHOL  AWARENESS  PROGRAM PURSUANT TO SUBDIVISION
TWELVE OF SECTION SEVENTEEN  OF  THIS  CHAPTER;  AND  (IV)  HAS  HAD  NO
VIOLATIONS OF SUBDIVISION ONE OF THIS SECTION UPON THE LICENSED PREMISES
WITHIN  THE  PREVIOUS TWO YEARS. FOR THE PURPOSES OF THIS PARAGRAPH, THE
TWO YEAR  PERIOD  SHALL  BE  MEASURED  FROM  THE  DATES  ANY  VIOLATIONS
OCCURRED.  IN ADDITION, A LICENSEE PREVAILING UPON THE ASSERTED AFFIRMA-
TIVE DEFENSE ESTABLISHED BY THIS PARAGRAPH SHALL NOT BE SUBJECT  TO  ANY
ADMINISTRATIVE  PENALTY,  FINE  OR  FEE  IMPOSED BY THIS CHAPTER AND ANY
RULES AND REGULATIONS PROMULGATED PURSUANT THERETO, AND SHALL BE  EXEMPT
FROM  ANY  CIVIL  LIABILITY  FOR THE PROVISION OF ALCOHOLIC BEVERAGES IN
VIOLATION OF SUBDIVISION ONE OF THIS SECTION.
  S 2. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.

S7130A (ACTIVE) - Bill Details

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

S7130A (ACTIVE) - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S7130A

TITLE OF BILL:
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

PURPOSE OR GENERAL IDEA OF BILL:
This bill incentivizes business' use of best practices to combat
underage drinking and sales to minors. It creates a defense for
selling alcohol to a minor if the licensee bought an identification
scanner trains and ensures its use, completed a State Liquor
Authority Alcohol Awareness program, and kept a clean record for two
years.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1- Establishes a defense that at the time of the violation:
(i) licensee has an operating scanner; (ii) can demonstrate it
requires its agents and employees to conduct a transaction scan;
(iii) the licensee holds a valid certificate of completion of a
licensed alcohol awareness program;
and (iv) has no violations within the previous two years as measured
from the dates any violations may have occurred.

JUSTIFICATION:
This bill is designed to incentivize businesses to use the best
practices to combat underage drinking. As these businesses are a
vital link in the chain in alcohol procurement by minors, it is
imperative that they use caution and the best available technology to
prevent access by minors. This creates a large incentive for small
businesses to be proactive in preventing access to alcohol by minors
who would otherwise lose time and money in administrative hearings.

However, rather than impose additional fines and penalties, this bill
recognizes the challenges faced by businesses in recognizing modern
false identification and instead incentives the best techniques
against these. It allows that if a business has done the very best it
feasibly can and has been a demonstrated good actor for two years,
that it should also be afforded immunity from administrative
penalties stemming from the transaction.

Amendments were made to remove civil liability and also to remove the
affirmative defense requirement. The purpose it to ensure that
businesses, especially small businesses, do not have to go through an
administrative hearing before successfully asserting a defense. It
also ensures that the deterrent effects of Dram Shop remain intact.

PRIOR LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
To be determined.


EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law.

view full 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.
                                                           LBD15094-03-2

S. 7130--A                          2

CLE, OF EACH WRITTEN EVIDENCE OF AGE PRESENTED PRIOR TO  EVERY  SALE  OR
DELIVERY  OF  ALCOHOLIC  BEVERAGES;  (III)  THE  LICENSEE  HOLDS A VALID
CERTIFICATE OF COMPLETION OR RENEWAL FROM AN ENTITY AUTHORIZED  TO  GIVE
AND  ADMINISTER  AN  ALCOHOL  AWARENESS  PROGRAM PURSUANT TO SUBDIVISION
TWELVE OF SECTION SEVENTEEN  OF  THIS  CHAPTER;  AND  (IV)  HAS  HAD  NO
VIOLATIONS OF SUBDIVISION ONE OF THIS SECTION UPON THE LICENSED PREMISES
WITHIN  THE  PREVIOUS TWO YEARS. FOR THE PURPOSES OF THIS PARAGRAPH, THE
TWO YEAR  PERIOD  SHALL  BE  MEASURED  FROM  THE  DATES  ANY  VIOLATIONS
OCCURRED.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.

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