senate Bill S6434

2013-2014 Legislative Session

Imposes the duty to buy and use an identification scanner upon alcoholic beverage licensee found to have given such a beverage to a person under 21

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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 20, 2014 committed to rules
May 19, 2014 advanced to third reading
May 14, 2014 2nd report cal.
May 13, 2014 1st report cal.680
Jan 23, 2014 referred to investigations and government operations

Votes

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May 13, 2014 - Investigations and Government Operations committee Vote

S6434
8
0
committee
8
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Investigations and Government Operations Committee Vote: May 13, 2014

aye wr (1)

Co-Sponsors

S6434 - Bill Details

See Assembly Version of this Bill:
A9377
Current Committee:
Senate Rules
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd ยงยง3, 65 & 65-b, ABC L

S6434 - Bill Texts

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Imposes the duty to buy and use an identification scanner upon alcoholic beverage licensee found to have given such a beverage to a person under 21.

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BILL NUMBER:S6434

TITLE OF BILL: 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

PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to incentivize for licensees that sell
alcoholic beverages to the general public to purchase and utilize
identification scanners to help curb the sale of alcohol to persons
under the age of 21.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amends Alcoholic Beverage Control Law (ABC)section 3 to add
a new subdivision (9-b) that moves the definition for a "scanner" that
reads a driver's license to determine if such potential purchaser of
alcoholic beverages is of legal age to purchase such beverages from
ABC Law section 65- b which exclusively deals with underage drinking
and has it apply to the Alcohol Beverage Control Law as a whole.

Section 2: If a licensee that sells alcoholic beverages is determined
to have sold alcohol to a person under the age of twenty-one, the
State Liquor Authority may, alternatively, require a licensee to
purchase a scanning device that can assist such license to ensure that
alcoholic beverages are not sold to persons under the age of 21,
instead of imposing a civil penalty for selling alcoholic beverages to
a minor. The purpose of this provision is to encourage those licensees
that have sold alcoholic beverages to a minor to obtain and use
scanners to reduce the sale of alcoholic beverages to minors.

Section 3: Amends ABC Law section 65-b to move the definition of
scanners from this section to section 3 of the ABC Law

JUSTIFICATION:

Modern false identification documents or cards, or Fake IDs, are
notoriously difficult to detect and traditional methods of detection
of such fake IDs may not catch many modern fakes. Modern Fake IDs are
often created professionally by businesses, often overseas, for about
$75 to $100 per ID. This legislation is aimed at incentivizing
businesses to catch up in the technology race. Under this bill, a
licensee that has been found to have been selling alcoholic beverages
to a minor may be given a choice by the State Liquor Authority to
purchase an identification scanner instead of paying the civil fine
for having sold alcohol to a minor.

This does not mandate that businesses buy a scanner immediately. If
there is no history of selling to under-aged persons, then there is no
problem to fix. It is designed to close points of access to places
from which minors procure alcohol.

PRIOR LEGISLATIVE HISTORY:

Similar to S. 7126 of 2012


FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

180 days after the act shall have become 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.

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

                                  6434

                            I N  S E N A T E

                            January 23, 2014
                               ___________

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 TO PURCHASE A DEVICE  CAPA-
BLE  OF  DECIPHERING  ANY  ELECTRONICALLY READABLE FORMAT AND TO PROVIDE
PROOF THAT SUCH DEVICE IS  REGULARLY  UTILIZED  TO  PERFORM  TRANSACTION
SCANS  AT  THE LICENSED PREMISES. SUCH PURCHASE AND PROOF OF REGULAR USE
OF A DEVICE MAY BE CONSIDERED BY THE AUTHORITY, IN THE DISCRETION OF THE
AUTHORITY, TO REDUCE OR MITIGATE OTHER  CIVIL  FINES  IMPOSED  UPON  THE
LICENSEES FOR FUTURE VIOLATIONS OF THIS SECTION.
  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:
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00974-02-3

S. 6434                             2

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.

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