Regulates the sale of alcoholic beverages and tobacco products via computer

1 Multi-sponsor

• Clifford Crouch

BILL NUMBER:A10911

Title of bill

An act to amend the alcoholic beverage control law and the tax law, in relation to regulating the sale of alcoholic beverages and tobacco products via computer

Purpose or general idea of bill

To amend the alcoholic beverage control law and the tax law, in relation to regulating the sale of alco- holic beverages and tobacco products via computer.

Summary of specific provisions

Section 1: Persons would be prohibited from buying alcohol via a computer communication system unless the prod- uct is delivered to the purchaser at an establishment licensed by the state to sell alcohol.

Section 2: Persons would be prohibited from buying tobacco via a comput- er communication system -- such as the Internet -- unless the product is delivered to the purchaser at an establishment registered with the state, under the tax law, to sell tobacco.

EFFECTS OF PRESENT LAW.WHICH THIS BILL WOULD ALTER:

* Section 65 of the alcoholic beverage control law is amended by adding a new subdivision 6

* Section 480-a of the tax law is amended by adding a new subdivision 2-a.

Justification

As New York State works to close the door on teenage smoking and alcohol abuse, new technology is opening a window of oppor- tunity for computer-literate kids, and the merchants who seek their business. To buy "booze and smokes," as one Internet site calls it, all you need is a credit card. While the order forms ask the question 'Are you over 18?' or note the illegality of such a sale, there appears to be no way to confirm this statement on line. This legislation will make it illegal to directly purchase alcohol or tobacco via the Internet. The law would require Internet sales to be routed through a state licensed place of business, where a face-to-face check of identification would be made. Instead of sending the item to the buyer's home, the product would be sent to a local liquor store or tobacconist, where the buyer can pick it up. There, a merchant can check to ensure that the buyer is of legal age to procure the product.

The Internet can be a wonderful tool for education, communication, and commerce, and New York is leading the way in high-tech prosperity.

However, we must also realize that every new technology carries problems - and as they arise we must address them.

Prior legislative history

2008: A.5431; held for consideration in economic development 2007: A.5431; referred to economic development

2006: A.2978; held for consideration in Economic Development 2005: A.2978; referred to economic development 2004: A.2316; held for consideration in Economic Development 2003: A.2316; referred to economic development 2002: A.3130; Held for consideration in Economic Development 2001: A.3130; referred to economic development 2000: A.2728; held for consideration in economic development 1999: A.2728; referred to economic development 1998: A.6728; referred to economic development 1997: A.6728; referred to economic development

Effective date

Thirty days after passage