Senate Bill S313

                                BILL NUMBER:S313

TITLE OF BILL:              REVISED 12/30/11
An act
to amend the alcoholic beverage control law, in relation to the posting
of a sign alerting patrons who consume alcohol that assistance in
obtaining
safe transportation shall be provided

PURPOSE OR GENERAL IDEA OF BILL:
To reduce the incidence of driving while intoxicated by requiring
licensees to post a sign stating that, if requested, management will
place a phone call in order to provide patrons with safe
transportation:

SUMMARY OF PROVISIONS:
Section 1. Amends the Alcoholic Beverage Control Law by adding a new
Section 105-d.
Requires the State Liquor Authority to have a sign or poster
distributed to all on-premises licensees stating: "Driving and
drinking don't mix. If requested, management will assist you in
placing one local call in an effort to obtain alternative
transportation." Requires such sign to be conspicuously lettered in
at least 72-point type. Requires licensees to display the sign or
poster in a conspicuous place. Provides that licensees shall assist
patrons in obtaining alternative transportation by calling a local
              

transportation service or allowing the patron to make one local call
on their own behalf to arrange for such transportation. Provides that
the licensee shall not be held liable due to the failure of the
transportation service or alternative transportation to respond.
Establishes penalties not to exceed $100.

Section 2. Effective Date

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
While many on-premises establishments will gladly make a call to keep
an intoxicated patron from getting behind the wheel, there is
currently no posting requirement to alert customers to that
possibility.

JUSTIFICATION:
Numerous fatalities and accidents occur after an individual who has
been drinking alcohol in an establishment gets behind the wheel of a
car and attempts to drive home or elsewhere. These unfortunate
occurrences may be avoided if such patrons are made aware that there
are other means by which they may safely get to their next destination.

This bill would seek to notify such patrons of the available
alternatives by requiring posting of a sign alerting them that the
management of the establishment is ready, willing and able to place a
phone call on their behalf to a friend, family member or taxicab
company in order to provide them with an alternative form of
transportation. This will not only benefit the patron of the
establishment, but will also benefit the establishment and the public
by avoiding the potential results of driving while intoxicated.


EXISTING LAW:
None.

PRIOR LEGISLATIVE HISTORY:
2011:     S.313 Died on Third Reading
2009-10:  S.3094 - Referred to Investigations and Government
          Operations/A.8606 - Referred to Economic Development
2007-08:  S.773 Referred to Investigations and Government Operations/
          A.2286 Referred to Economic Development
2005-06:  S.826 Referred to Investigations and Government Operations/
          A.4188 Referred to Economic Development
2004:     S.5606 - Referred to Investigations and Government
          Operations/A.9125 Referred to Economic Development
2003:     S.5606 - Passed Senate/A.9125 Referred to Economic
          Development

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.

EFFECTIVE DATE:
The first of October after becoming law.