Imposes the duty to buy and use an identification scanner upon alcoholic beverage licensee found to have given such a beverage to a person under 21.
TITLE OF BILL: 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
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to incentivize for licensees that sell alcoholic beverages to the general public to purchase and utilize identification scanners to help curb the sale of alcohol to persons under the age of 21.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Amends Alcoholic Beverage Control Law (ABC)section 3 to add a new subdivision (9-b) that moves the definition for a "scanner" that reads a driver's license to determine if such potential purchaser of alcoholic beverages is of legal age to purchase such beverages from ABC Law section 65- b which exclusively deals with underage drinking and has it apply to the Alcohol Beverage Control Law as a whole.
Section 2: If a licensee that sells alcoholic beverages is determined to have sold alcohol to a person under the age of twenty-one, the State Liquor Authority may, alternatively, require a licensee to purchase a scanning device that can assist such license to ensure that alcoholic beverages are not sold to persons under the age of 21, instead of imposing a civil penalty for selling alcoholic beverages to a minor. The purpose of this provision is to encourage those licensees that have sold alcoholic beverages to a minor to obtain and use scanners to reduce the sale of alcoholic beverages to minors.
Section 3: Amends ABC Law section 65-b to move the definition of scanners from this section to section 3 of the ABC Law
Modern false identification documents or cards, or Fake IDs, are notoriously difficult to detect and traditional methods of detection of such fake IDs may not catch many modern fakes. Modern Fake IDs are often created professionally by businesses, often overseas, for about $75 to $100 per ID. This legislation is aimed at incentivizing businesses to catch up in the technology race. Under this bill, a licensee that has been found to have been selling alcoholic beverages to a minor may be given a choice by the State Liquor Authority to purchase an identification scanner instead of paying the civil fine for having sold alcohol to a minor.
This does not mandate that businesses buy a scanner immediately. If there is no history of selling to under-aged persons, then there is no problem to fix. It is designed to close points of access to places from which minors procure alcohol.
PRIOR LEGISLATIVE HISTORY:
Similar to S. 7126 of 2012
180 days after the act shall have become 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.
STATE OF NEW YORK ________________________________________________________________________ 6434 IN SENATE January 23, 2014 ___________Introduced by Sen. KLEIN -- 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 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 TO PURCHASE A DEVICE CAPA- BLE OF DECIPHERING ANY ELECTRONICALLY READABLE FORMAT AND TO PROVIDE PROOF THAT SUCH DEVICE IS REGULARLY UTILIZED TO PERFORM TRANSACTION SCANS AT THE LICENSED PREMISES. SUCH PURCHASE AND PROOF OF REGULAR USE OF A DEVICE MAY BE CONSIDERED BY THE AUTHORITY, IN THE DISCRETION OF THE AUTHORITY, TO REDUCE OR MITIGATE OTHER CIVIL FINES IMPOSED UPON THE LICENSEES FOR FUTURE VIOLATIONS OF THIS SECTION. 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"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; andEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00974-02-3 S. 6434 2
bar code of a driver's license or non-driver identification card issued by the commissioner of motor vehicles; (b)]
[(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.