Requires a retail licensee for on-premises consumption to maintain and make available to customers, at no charge, a device which measures blood alcohol content.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6780
SPONSOR: Cook TITLE OF BILL:
An act to amend the alcoholic beverage control law, in relation to
requiring retail licensees for on-premises consumption to maintain
devices which measure blood alcohol content for optional use by patrons
PURPOSE:
To .give patrons the opportunity to measure blood alcohol content before
operating a motor vehicle
SUMMARY OF SPECIFIC PROVISIONS:
This bill would amend sections 106 and 109 of the alcoholic beverage
control law.
JUSTIFICATION:
Many people have had their lives affected by the actions of those indi-
viduals that decide to drive while intoxicated. Statistics show that
over 2,0% of all traffic fatalities in the United States each year are
caused by drunk drivers. In a recent report, New York had 43,000 people
arrested on DWI charges. Having a device to measure blood alcohol
content may help patrons focus carefully on their responsibilities
before getting behind the wheel of a car. This law would give patrons
the opportunity to measure their blood alcohol level before operating a
motor vehicle and to avoid possible dramatic consequences. There is a
wide range of consequences that can affect an individual that drives
while intoxicated. Fines and jail sentences are frequent while in recent
months the confiscation of cars has been used against those who drink
and drive. In prevention of these consequences, establishments would
give customers a chance to get their own unofficial idea of what their
blood alcohol level is and allow them to make a better, educated choice
in the area of driving while drinking.
PRIOR LEGISLATIVE HISTORY:
Previously Introduced;2017/18 - A.6768; 2019/20 - A.4530; 2021/22
A.4545; 2023/24 A.3632
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
Effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive date are authorized to be made and completed on or before such
effective date.
STATE OF NEW YORK
________________________________________________________________________
6780
2025-2026 Regular Sessions
IN ASSEMBLY
March 14, 2025
___________
Introduced by M. of A. COOK, TAYLOR, DAVILA -- read once and referred to
the Committee on Economic Development
AN ACT to amend the alcoholic beverage control law, in relation to
requiring retail licensees for on-premises consumption to maintain
devices which measure blood alcohol content for optional use by
patrons
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 106 of the alcoholic beverage control law is
2 amended by adding a new subdivision 18 to read as follows:
3 18. Each retail licensee for on-premises consumption shall keep and
4 maintain upon the licensed premises a device approved by the authority
5 which measures blood alcohol content. Such device shall be located in
6 any area easily accessible to patrons and shall be made available for
7 use by patrons at no charge.
8 § 2. Section 109 of the alcoholic beverage control law is amended by
9 adding a new subdivision 3 to read as follows:
10 3. Any renewal of a license to sell at retail for on-premises consump-
11 tion shall be accompanied by proof that such premises is equipped with a
12 device to measure blood alcohol content pursuant to section one hundred
13 six of this article.
14 § 3. This act shall take effect on the sixtieth day after it shall
15 have become a law. Effective immediately, the addition, amendment and/or
16 repeal of any rule or regulation necessary for the implementation of
17 this act on its effective date are authorized to be made and completed
18 on or before such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08963-01-5
