S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1988
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2017
                                ___________
 
 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.
              

                                                            LBD07444-01-7

 S. 1988                             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.
   § 2. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.