S T A T E   O F   N E W   Y O R K
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                                  4086

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 26, 2015
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Alcoholism and Drug Abuse

AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
  establishing  a defense to administrative actions brought by the state
  liquor authority for providing alcoholic beverages to a  person  under
  twenty-one years of age

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (b) of subdivision 6 of section 65 of  the  alco-
holic  beverage  control  law,  as amended by chapter 435 of the laws of
2010, is amended and a new paragraph (c) is added to read as follows:
  (b) it shall be an affirmative  defense  that  at  the  time  of  such
violation  such person who committed such alleged violation held a valid
certificate of completion or renewal from an entity authorized  to  give
and  administer an alcohol training awareness program pursuant to subdi-
vision twelve of section seventeen of this chapter. Such licensee  shall
have  diligently  implemented and complied with all of the provisions of
the approved training program. In such proceeding to revoke,  cancel  or
suspend a license pursuant to section one hundred eighteen of this chap-
ter, the licensee must prove each element of such affirmative defense by
a  preponderance  of  the credible evidence.  Evidence of three unlawful
sales of alcoholic beverages by any employee of a  licensee  to  persons
under  twenty-one  years  of  age,  within  a  two year period, shall be
considered by the authority in  determining  whether  the  licensee  had
diligently implemented such an approved program[.]; AND
  (C)  NO  SUCH  PROCEEDING  SHALL BE BROUGHT AGAINST A LICENSEE WHO CAN
ASSERT THAT (I) THE LICENSEE HAS AN OPERATING DEVICE  CAPABLE  OF  DECI-
PHERING  ANY ELECTRONICALLY READABLE FORMAT, AS DEFINED IN PARAGRAPH (A)
OF SUBDIVISION ONE OF SECTION SIXTY-FIVE-B OF  THIS  ARTICLE,  UPON  THE
LICENSED  PREMISES;  (II)  THE LICENSEE CAN DEMONSTRATE THAT IT REQUIRES
ITS AGENTS AND EMPLOYEES TO CONDUCT A TRANSACTION SCAN,  AS  DEFINED  IN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03945-01-5
              

S. 4086                             2

PARAGRAPH  (C)  OF SUBDIVISION ONE OF SECTION SIXTY-FIVE-B OF THIS ARTI-
CLE, OF EACH WRITTEN EVIDENCE OF AGE PRESENTED PRIOR TO  EVERY  SALE  OR
DELIVERY  OF  ALCOHOLIC  BEVERAGES;  (III)  THE  LICENSEE  HOLDS A VALID
CERTIFICATE  OF  COMPLETION OR RENEWAL FROM AN ENTITY AUTHORIZED TO GIVE
AND ADMINISTER AN ALCOHOL  AWARENESS  PROGRAM  PURSUANT  TO  SUBDIVISION
TWELVE  OF  SECTION  SEVENTEEN  OF  THIS  CHAPTER;  AND  (IV) HAS HAD NO
VIOLATIONS OF SUBDIVISION ONE OF THIS SECTION UPON THE LICENSED PREMISES
WITHIN THE PREVIOUS TWO YEARS. FOR THE PURPOSES OF THIS  PARAGRAPH,  THE
TWO  YEAR  PERIOD  SHALL  BE  MEASURED  FROM  THE  DATES  ANY VIOLATIONS
OCCURRED.
  S 2. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.