Bill S296-2013

Requires posting of sign in all premises licensed to sell alcoholic beverages on the premises which offers to assist patrons in obtaining alternative transportation

Requires the posting of a sign in all premises licensed to sell alcoholic beverages on the premises which offers to assist patrons in obtaining an alternative means of transportation should their ability to drive be compromised by the consumption of alcohol.

Details

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  • Jan 8, 2014: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • Jan 9, 2013: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Memo

BILL NUMBER:S296

TITLE OF BILL: An act to amend the alcoholic beverage control law, in relation to the posting of a sign alerting patrons who consume alcohol that assistance in obtaining safe transportation shall be provided

PURPOSE: To reduce the incidence of driving while intoxicated by requiring licensees to post a sign stating that, if requested, management will place a phone call in order to provide patrons with safe transportation.

SUMMARY OF PROVISIONS: Section 1. Amends the Alcoholic Beverage Control Law by adding a new Section 105-c. Requires the State Liquor Authority to have a sign or poster distributed to all on-premises licensees stating: "Driving and drinking don't mix. If requested, management will assist you in placing one local call in an effort to obtain alternative transportation." Requires such sign to be conspicuously lettered in at least 72-point type. Requires licensees to display the sign or poster in a conspicuous place. Provides that licensees shall assist patrons in obtaining alternative transportation by calling a local transportation service or allowing the patron to make one local call on their own behalf to arrange for such transportation. Provides that the licensee shall not be held liable due to the failure of the transportation service or alternative transportation to respond. Establishes penalties not to exceed $100.

Section 2. Effective Date

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER: While many on-premises establishments will gladly make a call to keep an intoxicated patron from getting behind the wheel, there is currently no posting requirement to alert customers to that possibility.

JUSTIFICATION: Numerous fatalities and accidents occur after an individual who has been drinking alcohol in an establishment gets behind the wheel of a car and attempts to drive home or elsewhere. These unfortunate occurrences may be avoided if such patrons are made aware that there are other means by which they may safely get to their next destination.

This bill would seek to notify such patrons of the available alternatives by requiring posting of a sign alerting them that the management of the establishment is ready, willing and able to place a phone call on their behalf to a friend, family member or taxicab company in order to provide them with an alternative form of transportation. This will not only benefit the patron of the establishment, but will also benefit the establishment and the public by avoiding the potential results of driving while intoxicated.

EXISTING LAW: None.

PRIOR LEGISLATIVE HISTORY: 2012: S.313 - Notice of Committee Consideration Requested, Committee Discharged and Committed to Rules/A.9198 - Held for Consideration in Economic Development 2011: S.313 Died on Third Reading Calendar 2009-10: S.3094 - Referred to Investigations and Government Operations/A.8606 Referred to Economic Development 2007-08: S.773 Referred to Investigations and Government Operations /A.2286 Referred to Economic Development 2005-06: S.826 Referred to Investigations and Government Operations/A.4188 Referred to Economic Development 2004: S.5606 - Referred to Investigations and Government Operations/A.9125 Referred to Economic Development 2003: S.5606 - Passed Senate/A.9125 Referred to Economic Development

FISCAL IMPACT: None.

EFFECTIVE DATE : The first of October after becoming law.


Text

STATE OF NEW YORK ________________________________________________________________________ 296 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sen. DIAZ -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment Operations AN ACT to amend the alcoholic beverage control law, in relation to the posting of a sign alerting patrons who consume alcohol that assistance in obtaining safe transportation shall be provided THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The alcoholic beverage control law is amended by adding a new section 105-c to read as follows: S 105-C. SIGN POSTING AND ALTERNATIVE TRANSPORTATION ASSISTANCE. 1. THE AUTHORITY SHALL PREPARE, HAVE PRINTED AND DISTRIBUTE ACROSS THE STATE TO ALL PERSONS WITH A LICENSE TO SELL ANY ALCOHOLIC BEVERAGE FOR CONSUMPTION ON THE PREMISES, A SIGN OR POSTER WITH CONSPICUOUS LETTERING THAT STATES: "DRINKING AND DRIVING DON'T MIX. IF REQUESTED, MANAGEMENT WILL ASSIST YOU IN PLACING ONE LOCAL CALL IN AN EFFORT TO OBTAIN ALTER- NATIVE TRANSPORTATION." SUCH SIGN OR POSTER MUST HAVE CONSPICUOUS LETTERING IN AT LEAST SEVENTY-TWO POINT BOLD FACE TYPE THAT STATES THE NOTICE SET FORTH IN THIS SUBDIVISION. 2. ALL PERSONS WITH A LICENSE TO SELL ANY ALCOHOLIC BEVERAGE FOR CONSUMPTION ON THE PREMISES SHALL DISPLAY IN A CONSPICUOUS PLACE THE SIGN OR POSTER UPON RECEIVING IT FROM THE AUTHORITY. 3. PERSONS WITH A LICENSE TO SELL ANY ALCOHOLIC BEVERAGES FOR CONSUMP- TION ON THE PREMISES SHALL ASSIST PATRONS IN OBTAINING ALTERNATIVE TRANSPORTATION SHOULD IT BE REQUESTED PURSUANT TO SUBDIVISION ONE OF THIS SECTION. ASSISTANCE SHALL BE PROVIDED BY PLACING A MINIMUM OF ONE LOCAL TELEPHONE CALL TO A LOCAL TRANSPORTATION SERVICE, AND IN AREAS WHERE A LOCAL TRANSPORTATION SERVICE IS NOT AVAILABLE OR IN CASES WHERE SUCH LOCAL TRANSPORTATION SERVICE DOES NOT RESPOND TO A REQUEST FOR SERVICE, ALLOW THE PATRON TO PLACE ONE LOCAL TELEPHONE CALL ON THEIR OWN
BEHALF IN AN EFFORT TO OBTAIN ALTERNATIVE TRANSPORTATION. NO REQUIRE- MENT WILL BE PLACED ON THE LICENSEE SHOULD TELEPHONE SERVICE BE UNAVAIL- ABLE AT THE TIME OF THE REQUEST NOR SHALL THE LICENSEE BE LIABLE FOR ANY FAILURE ON THE PART OF THE TRANSPORTATION SERVICE OR THE ALTERNATIVE TRANSPORTATION TO RESPOND TO THE REQUEST FOR SERVICE. 4. ANY PERSON WITH SUCH LICENSE WHO VIOLATES THE PROVISIONS OF SUBDI- VISION TWO OR THREE OF THIS SECTION SHALL BE SUBJECT TO A FINE NOT TO EXCEED ONE HUNDRED DOLLARS. S 2. This act shall take effect on the first of October next succeed- ing the date on which it shall have become a law.

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