NY State Senate Bill 2019-S249

Senate Bill S249

2019-2020 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Alcoholism And Substance Abuse 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to alcoholism and substance abuse
Jan 09, 2019	referred to alcoholism and substance abuse

2019-S249 (ACTIVE) - Details

Current Committee:: Senate Alcoholism And Substance Abuse
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §65, ABC L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S7130
2013-2014: S4102
2015-2016: S4086
2017-2018: S1988

2019-S249 (ACTIVE) - Summary

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

2019-S249 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S249

SPONSOR: KENNEDY
 
TITLE OF BILL:  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

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill incentivizes business' use of best practices to combat under-
age drinking and sales to minors. It creates a defense for selling alco-
hol to a minor if the licensee bought an identification scanner trains
and ensures its use, completed a State Liquor Authority Alcohol Aware-
ness program, and kept a clean record for two years.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1- Establishes a defense that at the time of the violation:

(i) licensee has an operating scanner; (ii) can demonstrate it requires

its agents and employees to conduct a transaction scan; (iii) the licen-
see holds a valid certificate of completion of a licensed alcohol aware-
ness program; and (iv) has no violations within the previous two years
as measured from the dates any violations may have occurred.

 
JUSTIFICATION:

This bill is designed to incentivize businesses to use the best prac-
tices to combat underage drinking. As these businesses are a vital link
in the chain in alcohol procurement by minors, it is imperative that
they use caution and the best available technology to prevent access by
minors. This creates a large incentive for small businesses to be proac-
tive in preventing access to alcohol by minors who would otherwise lose
time and money in administrative hearings.

However, rather than impose additional fines and penalties, this bill
recognizes the challenges faced by businesses in recognizing modem false
identification and instead incentives the best techniques against these.
It allows that if a business has done the very best it can and has been
a demonstrated good actor for two years, that it should also be afforded
immunity from administrative penalties stemming from the transaction.

Amendments were made to remove civil liability and also to remove the
affirmative defense requirement. The purpose it to ensure that busi-
nesses, especially small businesses, do not have to go through an admin-
istrative hearing before successfully asserting a defense. It also
ensures that the deterrent effects of Dram Shop remain intact.

 
PRIOR LEGISLATIVE HISTORY:

S. 7130-A of 2012, Reported to Senate Calendar.
S. 4192 of 2014, Referred to Alcoholism and Drug Abuse
S. 4086 of 2015/2016 Passed Senate
S.1488 of 2017-18

 
FISCAL IMPLICATIONS:

None
 
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law.

2019-S249 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    249
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen. KENNEDY -- 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD05725-01-9

 S. 249                              2
 
 ITS AGENTS AND EMPLOYEES TO CONDUCT A TRANSACTION SCAN,  AS  DEFINED  IN
 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.

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