S T A T E O F N E W Y O R K
________________________________________________________________________
7126
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 Investigations and Govern-
ment Operations
AN ACT to amend the alcoholic beverage control law, in relation to
penalties for the provision, by a licensee, of an alcoholic beverage
to a person under the age of 21
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 3 of the alcoholic beverage control law is amended
by adding a new subdivision 9-b to read as follows:
9-B. "DEVICE CAPABLE OF DECIPHERING ANY ELECTRONICALLY READABLE
FORMAT" OR "DEVICE" MEANS ANY COMMERCIAL DEVICE OR COMBINATION OF
DEVICES USED AT A POINT OF SALE OR ENTRY THAT IS CAPABLE OF READING THE
INFORMATION ENCODED ON THE MAGNETIC STRIP OR BAR CODE OF A DRIVERS'
LICENSE OR NON-DRIVER IDENTIFICATION CARD ISSUED BY THE COMMISSIONER OF
MOTOR VEHICLES.
S 2. Section 65 of the alcoholic beverage control law is amended by
adding a new subdivision 8 to read as follows:
8. AS AN ALTERNATIVE TO ANY OTHER PENALTY AUTHORIZED BY LAW, ANY
LICENSEE FOUND TO HAVE VIOLATED THE PROVISIONS OF SUBDIVISION ONE OF
THIS SECTION MAY BE ORDERED BY THE AUTHORITY:
(A) TO PAY A CIVIL PENALTY OF TWO THOUSAND DOLLARS, OR TO PURCHASE AND
UTILIZE A DEVICE CAPABLE OF DECIPHERING ANY ELECTRONICALLY READABLE
FORMAT UPON THE LICENSED PREMISE, UPON THE FIRST SUCH VIOLATION DURING
ANY FIVE YEAR PERIOD OF TIME; AND
(B) TO PAY A CIVIL PENALTY OF FIVE THOUSAND DOLLARS, OR TO PAY A CIVIL
PENALTY OF TWO THOUSAND DOLLARS AND PURCHASE AND UTILIZE A DEVICE CAPA-
BLE OF DECIPHERING ANY ELECTRONICALLY READABLE FORMAT UPON THE LICENSED
PREMISES, UPON THE SECOND SUCH VIOLATION DURING ANY FIVE YEAR PERIOD OF
TIME.
S 3. Subdivision 1 of section 65-b of the alcoholic beverage control
law, as amended by chapter 519 of the laws of 1999, is amended to read
as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14622-01-2
S. 7126 2
1. As used in this section: (a) ["A device capable of deciphering any
electronically readable format" or "device" shall mean any commercial
device or combination of devices used at a point of sale or entry that
is capable of reading the information encoded on the magnetic strip or
bar code of a driver's license or non-driver identification card issued
by the commissioner of motor vehicles;
(b)] "Card holder" means any person presenting a driver's license or
non-driver identification card to a licensee, or to the agent or employ-
ee of such licensee under this chapter; and
[(c)] (B) "Transaction scan" means the process involving a device
capable of deciphering any electronically readable format by which a
licensee, or agent or employee of a licensee under this chapter reviews
a driver's license or non-driver identification card presented as a
precondition for the purchase of an alcoholic beverage as required by
subdivision two of this section or as a precondition for admission to an
establishment licensed for the on-premises sale of alcoholic beverages
where admission is restricted to persons twenty-one years or older.
S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, that, effective immediately, any
rules and regulations necessary to implement the provisions of this act
on its effective date are authorized and directed to be added, amended
and/or repealed on or before such date.