Establishes a defense for underage sale of alcoholic beverages to licensees which perform transaction scans and have no violations for 2 years.
TITLE OF BILL: 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
PURPOSE OR GENERAL IDEA OF BILL: This bill incentivizes business' use of best practices to combat underage drinking and sales to minors. It creates a defense for selling alcohol to a minor if the licensee bought an identification scanner trains and ensures its use, completed a State Liquor Authority Alcohol Awareness program, and kept a clean record for two years.
SUMMARY OF SPECIFIC PROVISIONS: Section 1- Establishes a defense that at the time of the violation: (i) licensee has an operating scanner; (ii) can demonstrate it requires its agents and employees to conduct a transaction scan; (iii) the licensee holds a valid certificate of completion of a licensed alcohol awareness program; and (iv) has no violations within the previous two years as measured from the dates any violations may have occurred.
JUSTIFICATION: This bill is designed to incentivize businesses to use the best practices to combat underage drinking. As these businesses are a vital link in the chain in alcohol procurement by minors, it is imperative that they use caution and the best available technology to prevent access by minors. This creates a large incentive for small businesses to be proactive in preventing access to alcohol by minors who would otherwise lose time and money in administrative hearings.
However, rather than impose additional fines and penalties, this bill recognizes the challenges faced by businesses in recognizing modern false identification and instead incentives the best techniques against these. It allows that if a business has done the very best it feasibly can and has been a demonstrated good actor for two years, that it should also be afforded immunity from administrative penalties stemming from the transaction.
Amendments were made to remove civil liability and also to remove the affirmative defense requirement. The purpose it to ensure that businesses, especially small businesses, do not have to go through an administrative hearing before successfully asserting a defense. It also ensures that the deterrent effects of Dram Shop remain intact.
PRIOR LEGISLATIVE HISTORY: New Bill.
FISCAL IMPLICATIONS: To be determined.
EFFECTIVE DATE: This act shall take effect on the first of January next succeeding the date on which it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 7130--A IN SENATE April 30, 2012 ___________Introduced by Sen. KLEIN -- read twice and ordered printed, and when printed to be committed to the Committee on Alcoholism and Drug Abuse -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION SIXTY-FIVE-B OF THIS ARTI-EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15094-03-2 S. 7130--A 2
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.