STATE OF NEW YORK
________________________________________________________________________
1987--A
Cal. No. 759
2017-2018 Regular Sessions
IN SENATE
January 11, 2017
___________
Introduced by Sens. KLEIN, CARLUCCI -- read twice and ordered printed,
and when printed to be committed to the Committee on Investigations
and Government Operations -- reported favorably from said committee,
ordered to first and second report, amended on second report, ordered
to a third reading, and to be reprinted as amended, retaining its
place in the order of third reading
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:
1 Section 1. Section 3 of the alcoholic beverage control law is amended
2 by adding a new subdivision 9-b to read as follows:
3 9-b. "Device capable of deciphering any electronically readable
4 format" or "device" means any commercial device or combination of
5 devices used at a point of sale or entry that is capable of accurately
6 reading, to the satisfaction of the authority, the information encoded
7 on the magnetic strip or bar code of a drivers' license or non-driver
8 identification card issued by the commissioner of motor vehicles to
9 ensure the presenter of such license or card is not under the age of
10 twenty-one.
11 § 2. Section 65 of the alcoholic beverage control law is amended by
12 adding a new subdivision 8 to read as follows:
13 8. As an alternative to any other penalty authorized by law, a licen-
14 see found to have violated the provisions of subdivision one of this
15 section may, with the consent of the licensee, be ordered by the author-
16 ity to purchase a device capable of deciphering any electronically read-
17 able format and to provide proof that such device is regularly utilized
18 to accurately perform transaction scans at the licensed premises. Such
19 purchase and proof of regular use of a device may be considered by the
20 authority, in the discretion of the authority, to reduce or mitigate
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07437-03-7
S. 1987--A 2
1 other civil fines imposed upon the licensees for future violations of
2 this section.
3 § 3. Paragraph (a) of subdivision 1 of section 65-b of the alcoholic
4 beverage control law, as amended by chapter 519 of the laws of 1999, is
5 amended to read as follows:
6 (a) ["A device] "Device capable of deciphering any electronically
7 readable format" or "device" shall [mean any commercial device or combi-
8 nation of devices used at a point of sale or entry that is capable of
9 reading the information encoded on the magnetic strip or bar code of a
10 driver's license or non-driver identification card issued by the commis-
11 sioner of motor vehicles] be defined as provided in subdivision nine-b
12 of section three of this chapter;
13 § 4. This act shall take effect on the one hundred eightieth day after
14 it shall have become a law; provided, that, effective immediately, any
15 rules and regulations necessary to implement the provisions of this act
16 on its effective date are authorized and directed to be added, amended
17 and/or repealed on or before such date.
