STATE OF NEW YORK
________________________________________________________________________
6690
2015-2016 Regular Sessions
IN ASSEMBLY
March 30, 2015
___________
Introduced by M. of A. CRESPO -- read once and referred to the Committee
on Economic Development
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:
1 Section 1. Paragraph (b) of subdivision 6 of section 65 of the alco-
2 holic beverage control law, as amended by chapter 435 of the laws of
3 2010, is amended and a new paragraph (c) is added to read as follows:
4 (b) it shall be an affirmative defense that at the time of such
5 violation such person who committed such alleged violation held a valid
6 certificate of completion or renewal from an entity authorized to give
7 and administer an alcohol training awareness program pursuant to subdi-
8 vision twelve of section seventeen of this chapter. Such licensee shall
9 have diligently implemented and complied with all of the provisions of
10 the approved training program. In such proceeding to revoke, cancel or
11 suspend a license pursuant to section one hundred eighteen of this chap-
12 ter, the licensee must prove each element of such affirmative defense by
13 a preponderance of the credible evidence. Evidence of three unlawful
14 sales of alcoholic beverages by any employee of a licensee to persons
15 under twenty-one years of age, within a two year period, shall be
16 considered by the authority in determining whether the licensee had
17 diligently implemented such an approved program[.]; and
18 (c) no such proceeding shall be brought against a licensee who can
19 assert that (i) the licensee has an operating device capable of deci-
20 phering any electronically readable format, as defined in paragraph (a)
21 of subdivision one of section sixty-five-b of this article, upon the
22 licensed premises; (ii) the licensee can demonstrate that it requires
23 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
A. 6690 2
1 paragraph (c) of subdivision one of section sixty-five-b of this arti-
2 cle, of each written evidence of age presented prior to every sale or
3 delivery of alcoholic beverages; (iii) the licensee holds a valid
4 certificate of completion or renewal from an entity authorized to give
5 and administer an alcohol awareness program pursuant to subdivision
6 twelve of section seventeen of this chapter; and (iv) has had no
7 violations of subdivision one of this section upon the licensed premises
8 within the previous two years. For the purposes of this paragraph, the
9 two year period shall be measured from the dates any violations
10 occurred.
11 § 2. This act shall take effect on the first of January next succeed-
12 ing the date on which it shall have become a law.
