S T A T E   O F   N E W   Y O R K
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                                  2515

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 16, 2013
                               ___________

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 READING 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.
  S 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, ANY
LICENSEE FOUND TO HAVE VIOLATED THE PROVISIONS  OF  SUBDIVISION  ONE  OF
THIS SECTION MAY BE ORDERED BY THE AUTHORITY:
  (A) TO PAY A CIVIL PENALTY OF TWO THOUSAND DOLLARS, OR TO PURCHASE AND
UTILIZE  A  DEVICE  CAPABLE  OF  DECIPHERING ANY ELECTRONICALLY READABLE
FORMAT UPON THE LICENSED PREMISE, UPON THE FIRST SUCH  VIOLATION  DURING
ANY FIVE YEAR PERIOD OF TIME; AND
  (B) TO PAY A CIVIL PENALTY OF FIVE THOUSAND DOLLARS, OR TO PAY A CIVIL
PENALTY  OF TWO THOUSAND DOLLARS AND PURCHASE AND UTILIZE A DEVICE CAPA-
BLE OF DECIPHERING ANY ELECTRONICALLY READABLE FORMAT UPON THE  LICENSED
PREMISES,  UPON THE SECOND SUCH VIOLATION DURING ANY FIVE YEAR PERIOD OF
TIME.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00974-01-3

A. 2515                             2
              

  S 3. 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:
  1.  As used in this section: (a) ["A device capable of deciphering any
electronically readable format" or "device" shall  mean  any  commercial
device  or  combination 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 commissioner of motor vehicles;
  (b)] "Card holder" means any person presenting a driver's  license  or
non-driver identification card to a licensee, or to the agent or employ-
ee of such licensee under this chapter; and
  [(c)]  (B)  "Transaction  scan"  means  the process involving a device
capable of deciphering any electronically readable  format  by  which  a
licensee,  or agent or employee of a licensee under this chapter reviews
a driver's license or non-driver  identification  card  presented  as  a
precondition  for  the  purchase of an alcoholic beverage as required by
subdivision two of this section or as a precondition for admission to an
establishment licensed for the on-premises sale of  alcoholic  beverages
where admission is restricted to persons twenty-one years or older.
  S 4. This act shall take effect on the one hundred eightieth day after
it  shall  have become a law; provided, that, effective immediately, any
rules and regulations necessary to implement the provisions of this  act
on  its  effective date are authorized and directed to be added, amended
and/or repealed on or before such date.