S T A T E   O F   N E W   Y O R K
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                                  2532

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 16, 2013
                               ___________

Introduced by M. of A. CRESPO -- read once and referred to the Committee
  on Economic Development

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
              

A. 2532                             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.