The New York State Senate

                    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.