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Senate Bill S4086

2015-2016 Legislative Session

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

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Archive: Last Bill Status - In Assembly Committee

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2015-S4086 (ACTIVE) - Details

See Assembly Version of this Bill:
A6690
Current Committee:
Assembly Economic Development
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd ยง65, ABC L
Versions Introduced in Other Legislative Sessions:
2011-2012: S7130, A10270
2013-2014: S4102, A2532
2017-2018: S1988, A5198
2019-2020: S249

2015-S4086 (ACTIVE) - Summary

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

2015-S4086 (ACTIVE) - Sponsor Memo

2015-S4086 (ACTIVE) - Bill Text download pdf 

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

                                  4086

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 26, 2015
                               ___________

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.
                                                           LBD03945-01-5

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