Bill Text: NY S00249 | 2019-2020 | General Assembly | Introduced
Bill Title: Establishes a defense for underage sale of alcoholic beverages to licensees which perform transaction scans and have no violations for 2 years.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO ALCOHOLISM AND SUBSTANCE ABUSE [S00249 Detail]
Download: New_York-2019-S00249-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 249 2019-2020 Regular Sessions IN SENATE (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: 1 Section 1. Paragraph (b) of subdivision 6 of section 65 of the alco- 2 holic beverage control law, as amended by chapter 435 of the laws of 3 2010, is amended and a new paragraph (c) is added to read as follows: 4 (b) it shall be an affirmative defense that at the time of such 5 violation such person who committed such alleged violation held a valid 6 certificate of completion or renewal from an entity authorized to give 7 and administer an alcohol training awareness program pursuant to subdi- 8 vision twelve of section seventeen of this chapter. Such licensee shall 9 have diligently implemented and complied with all of the provisions of 10 the approved training program. In such proceeding to revoke, cancel or 11 suspend a license pursuant to section one hundred eighteen of this chap- 12 ter, the licensee must prove each element of such affirmative defense by 13 a preponderance of the credible evidence. Evidence of three unlawful 14 sales of alcoholic beverages by any employee of a licensee to persons 15 under twenty-one years of age, within a two year period, shall be 16 considered by the authority in determining whether the licensee had 17 diligently implemented such an approved program[.]; and 18 (c) no such proceeding shall be brought against a licensee who can 19 assert that (i) the licensee has an operating device capable of deci- 20 phering any electronically readable format, as defined in paragraph (a) 21 of subdivision one of section sixty-five-b of this article, upon the 22 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. LBD05725-01-9S. 249 2 1 its agents and employees to conduct a transaction scan, as defined in 2 paragraph (c) of subdivision one of section sixty-five-b of this arti- 3 cle, of each written evidence of age presented prior to every sale or 4 delivery of alcoholic beverages; (iii) the licensee holds a valid 5 certificate of completion or renewal from an entity authorized to give 6 and administer an alcohol awareness program pursuant to subdivision 7 twelve of section seventeen of this chapter; and (iv) has had no 8 violations of subdivision one of this section upon the licensed premises 9 within the previous two years. For the purposes of this paragraph, the 10 two year period shall be measured from the dates any violations 11 occurred. 12 § 2. This act shall take effect on the first of January next succeed- 13 ing the date on which it shall have become a law.
