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.

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S296-2013 Actions

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

S296-2013 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.

S296-2013 Text

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

                                     296

                         2013-2014 Regular Sessions

                              I N  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

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD00504-02-3

 S. 296                              2

  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.