S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5333
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2019
                                ___________
 
 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 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.
                                                            LBD08891-01-9

              

 A. 5333                             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. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such date.