NY State Assembly Bill 2017-A5124A

Assembly Bill A5124A

2017-2018 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

download bill text pdf

Archive: Last Bill Status - In Assembly 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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to economic development
May 09, 2017	print number 5124a
May 09, 2017	amend and recommit to economic development
Feb 06, 2017	referred to economic development

Bill Amendments

Original

A (Active)

2017-A5124 - Details

See Senate Version of this Bill:: S1987
Current Committee:: Assembly Economic Development
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §§3, 65 & 65-b, ABC L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A9377, S6434
2015-2016: A6826, S4084
2019-2020: A5333

2017-A5124 - Summary

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.

2017-A5124 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5124
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 6, 2017
                                ___________
 
 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
   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.
   § 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.
   § 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

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

                                                            LBD07437-01-7

 A. 5124                             2

 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.
   § 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.

2017-A5124A (ACTIVE) - Details

See Senate Version of this Bill:: S1987
Current Committee:: Assembly Economic Development
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §§3, 65 & 65-b, ABC L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A9377, S6434
2015-2016: A6826, S4084
2019-2020: A5333

2017-A5124A (ACTIVE) - Summary

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.

2017-A5124A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5124--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 6, 2017
                                ___________
 
 Introduced by M. of A. CRESPO -- read once and referred to the Committee
   on Economic Development -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 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 ACCURATELY
 READING, TO THE SATISFACTION OF THE AUTHORITY, 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  TO
 ENSURE  THE  PRESENTER  OF  SUCH LICENSE OR CARD IS NOT UNDER THE AGE OF
 TWENTY-ONE.
   § 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, A LICEN-
 SEE FOUND TO HAVE VIOLATED THE PROVISIONS OF  SUBDIVISION  ONE  OF  THIS
 SECTION MAY, WITH THE CONSENT OF THE LICENSEE, BE ORDERED BY THE AUTHOR-
 ITY TO PURCHASE A DEVICE CAPABLE OF DECIPHERING ANY ELECTRONICALLY READ-
 ABLE  FORMAT AND TO PROVIDE PROOF THAT SUCH DEVICE IS REGULARLY UTILIZED
 TO ACCURATELY 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07437-04-7

 A. 5124--A                          2
 
   § 3. Paragraph (a) of 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:
   (a)  ["A  device]  "DEVICE  capable  of deciphering any electronically
 readable format" or "device" shall [mean any commercial device or combi-
 nation 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 commis-
 sioner of motor vehicles] BE DEFINED AS PROVIDED IN  SUBDIVISION  NINE-B
 OF SECTION THREE OF THIS CHAPTER;
   § 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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