Senate Bill S4102

2013-2014 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

Archive: Last Bill Status - In Senate Committee Alcoholism And Drug Abuse Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

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.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to alcoholism and drug abuse
Mar 08, 2013	referred to alcoholism and drug abuse

2013-S4102 (ACTIVE) - Details

See Assembly Version of this Bill:: A2532
Current Committee:: Senate Alcoholism And Drug Abuse
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §65, ABC L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S7130, A10270
2015-2016: S4086, A6690
2017-2018: S1988, A5198
2019-2020: S249

2013-S4102 (ACTIVE) - Summary

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

2013-S4102 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4102

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: S. 7130-A of 2012, Reported to Senate
Calendar

FISCAL IMPLICATIONS: None

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

2013-S4102 (ACTIVE) - Bill Text download pdf

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

                                  4102

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              March 8, 2013
                               ___________

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  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00975-01-3

S. 4102                             2

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
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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. 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.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Find your Senator and share your views on important issues.

Do you support this bill?

Senate Bill S4102

Sponsored By

Archive: Last Bill Status - In Senate Committee Alcoholism And Drug Abuse Committee

Actions

2013-S4102 (ACTIVE) - Details

2013-S4102 (ACTIVE) - Summary

2013-S4102 (ACTIVE) - Sponsor Memo

2013-S4102 (ACTIVE) - Bill Text download pdf

Comments

Do you support this bill?

Get Status Alerts for 2013-S4102

Senate Bill S4102

Share this bill

Sponsored By

Jeffrey D. Klein

Archive: Last Bill Status - In Senate Committee Alcoholism And Drug Abuse Committee

Actions

2013-S4102 (ACTIVE) - Details

2013-S4102 (ACTIVE) - Summary

2013-S4102 (ACTIVE) - Sponsor Memo

2013-S4102 (ACTIVE) - Bill Text download pdf

Comments