NY State Senate Bill 2011-S7126

Senate Bill S7126

2011-2012 Legislative Session

Imposes a fine or duty to buy and use an identification scanner upon alcoholic beverage licensee found to have given such a beverage to a person under 21

download bill text pdf

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 30, 2012	referred to investigations and government operations

2011-S7126 (ACTIVE) - Details

See Assembly Version of this Bill:: A10273
Current Committee:: Senate Investigations And Government Operations
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §3, 65 & 65-b, ABC L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A2515
2015-2016: A6710

2011-S7126 (ACTIVE) - Summary

Imposes a fine or duty to buy and use an identification scanner upon alcoholic beverage licensee found to have given such a beverage to a person under 21.

2011-S7126 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7126

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:
This bill is designed to incentivize the use and purchase of
identification scanners by State Liquor Authority Licensees.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1- moves the definition for a scanner from 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 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 either pay $2000 fine or purchase
a scanning device for a first offense in five years; or, for a second
offense, pay $5000 or pay $2000 and purchase a scanning device.

JUSTIFICATION:
Modern false identification, or Fake IDs, are notoriously difficult to
detect and traditional methods of detection will 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 legislation, a licensee caught for selling to a minor may be
given a choice by the State Liquor Authority to either pay a fine or
buy an identification scanner. Upon a second violation, there is a
fine imposed whether or not a scanner is obtained to prevent
businesses from hedging their bets on the cost.

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:
New Bill.

FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after the
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.

2011-S7126 (ACTIVE) - Bill Text download pdf

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

                                  7126

                            I N  S E N A T E

                             April 30, 2012
                               ___________

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:
  (A) TO PAY A CIVIL PENALTY OF TWO THOUSAND DOLLARS, OR TO PURCHASE AND
UTILIZE A DEVICE CAPABLE  OF  DECIPHERING  ANY  ELECTRONICALLY  READABLE
FORMAT  UPON  THE LICENSED PREMISE, UPON THE FIRST SUCH VIOLATION DURING
ANY FIVE YEAR PERIOD OF TIME; AND
  (B) TO PAY A CIVIL PENALTY OF FIVE THOUSAND DOLLARS, OR TO PAY A CIVIL
PENALTY OF TWO THOUSAND DOLLARS AND PURCHASE AND UTILIZE A DEVICE  CAPA-
BLE  OF DECIPHERING ANY ELECTRONICALLY READABLE FORMAT UPON THE LICENSED
PREMISES, UPON THE SECOND SUCH VIOLATION DURING ANY FIVE YEAR PERIOD  OF
TIME.
  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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14622-01-2

S. 7126                             2

  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
bar  code of a driver's license or non-driver identification card issued
by the commissioner of motor vehicles;
  (b)] "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; and
  [(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.

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