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S5652Senate2009-2010 SessionSame asA8221

Provides that certain provisions of law relating to the sale of alcohol and tobacco products to minors shall expire in 2012

Sponsor William T. StachowskiSD-58Affects Economy
Status
Stricken
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Commerce, Economic Development And Small Business

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Who cares

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Sponsors

Primary sponsor
William T. Stachowski

Senator · Senate District 58

No co-sponsors yet.

History

  1. Recommit, enacting clause stricken
  2. Referred to commerce, economic development and small business
  3. Referred to commerce, economic development and small business

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A8221Assembly

Provides that certain provisions of law relating to the sale of alcohol and tobacco products to minors shall expire in 2012

In Assembly Committee · Economic Development · Sponsor Robin Schimminger

Full text

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

Sponsor's memo

Title of bill

An act to amend chapter 519 of the laws of 1999, amending the alcoholic beverage control law and the public health law relating to the sale of alcohol and tobacco products to minors, in relation to extending the provisions of such chapter

Purpose

This bill would extend certain provisions of law until January 1, 2012 that relate to deterring the sale of alcohol and tobacco products to minors until January 1, 2012.

Summary of provisions

§ 1- Extend until January 1, 2012 the provisions of section 4 of Chapter 519 of the Laws of 1999, as amended by Chapter 594 of the Laws of 2007.

§ 2- This act shall take effect immediately.

Existing law

Alcoholic Beverage Control Law (ABCL) §65-b and Public Health Law (PHL) § 1399-cc were amended by Chapter 519 of the Laws of 1999 to create a voluntary procedure allowing merchants to utilize driver's license scanning devices to reduce minors' access to alcohol and tobacco products.

Justification

New York has enacted a series of strong laws designed to reduce access by minors to alcohol by anyone under age 21 and tobacco to anyone under age 18. Chapter 519 of the Laws of 1999 provided a voluntary procedure by which retailers, restaurants, bars, clubs and other places of entertainment could utilize the latest automated scanning technology to verify the ages of their alcohol and tobacco purchasers, thereby reducing access to these products by minors.

Automated scanners or age and identity verification devices provide merchants with an affordable and reliable system of verification. Chapter 519 of the Laws of 1999 supplemented and strengthened existing law by adding unconditional loss of driving privileges as an additional penalty for minors who purchase or attempt to purchase alcoholic beverages or tobacco products. Chapter 519 also provided an additional affirmative defense to retail establishments that engage in the voluntary use of bar code and magnetic strip scanners. While Chapter 519 in no way relieved a merchant or his or her agent from their duty to use reasonable diligence in conducting a sale of tobacco and alcohol products, it did provide a means for a merchant to limit the human fallibility and shortcomings of his or her employees. Chapter 519 recognized the need to strictly protect patrons' privacy, and prohibits the sale or dissemination of any information obtained during the use of this bar code verification system.

Extending the provisions of this law will permit merchants to continue to make use of this technology in their efforts to ensure they are not selling alcohol and tobacco to under-aged customers. The continued use of scanners reduces the potential for store clerks to mistakenly sell alcohol or tobacco products to an under-aged customer.

Legislative history

The State Legislature and Governor have extended the provisions of statute since 1999.

Budget implications

None.

Chapter 519 of the Laws of 1999 created a wholly voluntary program. Only those merchants who wish to participate ill incur the cost of installing and operating the scanning systems.

There will be no costs to the state or any local government.

Effective date

This bill shall take effect immediately.

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