S313-2011 - NY Senate Open Legislation - 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.

Sponsor: DIAZ / Co-sponsor(s): AVELLA, KRUEGER / Committee: RULES
Law Section: Alcoholic Beverage Control Law / Law: Add S105-d, ABC L

S313-2011 Actions

Mar 12, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
Feb 21, 2012: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
Jan 4, 2012: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
Jun 24, 2011: COMMITTED TO RULES
Mar 24, 2011: ADVANCED TO THIRD READING
Mar 23, 2011: 2ND REPORT CAL.
Mar 22, 2011: 1ST REPORT CAL.246
Feb 22, 2011: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
Jan 5, 2011: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

S313-2011 Meetings

Investigations and Government Operations: Mar 22, 2011

S313-2011 Calendars

S313-2011 Votes

VOTE: COMMITTEE VOTE: - Investigations and Government Operations - Mar 22, 2011

Ayes (2): Squadron, Diaz
Ayes W/R (6): Marcellino, Alesi, Golden, Nozzolio, Zeldin, Peralta

S313-2011 Memo

BILL NUMBER:S313

TITLE OF BILL:              REVISED 12/30/11
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 OR GENERAL IDEA OF BILL:
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-d.
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:
2011:     S.313 Died on Third Reading
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 IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.

EFFECTIVE DATE:
The first of October after becoming law.

S313-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                           313
 2011-2012 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 5, 2011
 
 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-d to read as follows:

 

S  105-D.  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.
 LBD01876-01-1
        S. 313                              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.

S313-2011: Requires posting of sign in all premises licensed to sell alcoholic beverages on the premises which offers to assist patrons in obtaining alternative transportation