S T A T E O F N E W Y O R K
________________________________________________________________________
5031
2011-2012 Regular Sessions
I N A S S E M B L Y
February 10, 2011
___________
Introduced by M. of A. COOK -- Multi-Sponsored by -- M. of A. CLARK,
HOOPER -- read once and referred to the Committee on Economic Develop-
ment
AN ACT to amend the alcoholic beverage control law, in relation to
requiring retail licensees for on-premises consumption to maintain
devices which measure blood alcohol content for optional use by
patrons
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 106 of the alcoholic beverage control law is
2 amended by adding a new subdivision 18 to read as follows:
3 18. EACH RETAIL LICENSEE FOR ON-PREMISES CONSUMPTION SHALL KEEP AND
4 MAINTAIN UPON THE LICENSED PREMISES A DEVICE APPROVED BY THE AUTHORITY
5 WHICH MEASURES BLOOD ALCOHOL CONTENT. SUCH DEVICE SHALL BE LOCATED IN
6 ANY AREA EASILY ACCESSIBLE TO PATRONS AND SHALL BE MADE AVAILABLE FOR
7 USE BY PATRONS AT NO CHARGE.
8 S 2. Section 109 of the alcoholic beverage control law is amended by
9 adding a new subdivision 3 to read as follows:
10 3. ANY RENEWAL OF A LICENSE TO SELL AT RETAIL FOR ON-PREMISES CONSUMP-
11 TION SHALL BE ACCOMPANIED BY PROOF THAT SUCH PREMISES IS EQUIPPED WITH A
12 DEVICE TO MEASURE BLOOD ALCOHOL CONTENT PURSUANT TO SECTION ONE HUNDRED
13 SIX OF THIS ARTICLE.
14 S 3. This act shall take effect on the sixtieth day after it shall
15 have become a law, provided, however that the state liquor authority
16 shall promulgate any rules or regulations necessary for the timely
17 implementation of this act on or before such date.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02447-01-1