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A8606Assembly2009-2010 SessionSame asS3094

Requires posting of sign in all premises licensed to sell alcoholic beverages on the premises which offers to assist patrons in obtaining alternative transportation

Sponsor Adriano EspaillatAD-72+5 co-sponsorsAffects Economy
Status
In Assembly Committee
Economic Development
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Economic Development

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Who cares

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Sponsors

Primary sponsor
Adriano Espaillat

Assembly Member · Assembly District 72

History

  1. Referred to economic development
  2. Referred to economic development

Companion bill

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:A8606

Title of bill

An act to amend the alcoholic beverage control law, in relation to the posting of a sign alerting patrons who consume alcohol that assistance in obtaining safe transportation shall be provided

Purpose or general idea of bill

To reduce the incidence of driving while intoxicated by requiring licen- sees to post a sign stating that, if requested, management will place a phone call in order to provide patrons with safe transportation.

Summary of provisions

Bill §1 amends the Alcoholic Beverage Control Law by adding a new §105-d. Subdivision 1 of § 105-d requires the State Liquor Authority to have a sign or poster distributed to all on-premises licensees stating:

"Driving and drinking don't mix. If requested, management will assist you in placing one local call in an effort to obtain alternative trans- portation."

The sign shall be conspicuously lettered in at least 72-point type. Subdivision 2 requires licensees to display the sign or poster in a conspicuous place. Subdivision 3 provides that licensees shall assist patrons in obtaining alternative transportation by calling a local transportation service or allowing the patron to make one local call on their own behalf to arrange for such transportation. No liability attaches to the licensee due to the failure of the transportation service or alternative transportation to respond. Violations of subdi- visions 2 or 3 are subject to a maximum $100 penalty.

Bill §2 makes the effective date the first day of October after becoming law.

Effects of present law which this bill would alter

While many on-premises establishments will gladly make a call to keep an intoxicated patron from getting behind the wheel, there is currently no posting requirement to alert customers to that possibility.

Justification

Numerous fatalities and accidents occur after an individual who has been drinking alcohol in an establishment gets behind the wheel of a car and attempts to drive home or elsewhere. These unfortunate occurrences may be avoided if such patrons are made aware that there are other means by which they may safely get to their next destination.

This bill would seek to notify such patrons of the available alterna- tives by requiring posting of a sign alerting them that the management of the establishment is ready, willing and able to place a phone call on their behalf to a friend, family member or taxicab company in order to provide them with an alternative form of transportation. This will not only benefit the patron of the establishment, but will also benefit the

establishment and the public by avoiding the potential results of driv- ing while intoxicated.

Prior legislative history

2003: S.5606 passed Senate A.9125 referred to Assembly Economic Development Committee

2004: S.5606 referred to Senate Investigations Committee A.9125 referred to Assembly Economic Development Committee

2005-06: S.826 referred to Senate Investigations Committee A.4188 referred to Assembly Economic Development Committee

2007-08: S.773 referred to Senate Investigations Committee A.2286 referred to Assembly Economic Development Committee

Fiscal implications for state and local governments

None.

Effective date

First day of October after becoming law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.