Relates to alcohol awareness training programs

Section 2: Amends ABC Law section 65 (6) to shift the affirmative defense to this section of the law. The affirmative defense is that in any proceeding pursuant to ABC Law section 118 where it is alleged that a person violated subdivision one of section 65 - selling, delivering or giving away alcoholic beverages to a person under the age of twenty-one - that such person reasonably relied on a photographic identification card presented by the person to whom the alcoholic beverages were sold, delivered, or given. The liquor authority, in evaluating the applicability of such affirmative defense, shall consider any written policy adopted and implemented by the seller.

Section 3: Amends ABC Law section 65 (7) to provide that in a proceeding pursuant to section one hundred eighteen of the ABC law to revoke, cancel, or suspend a license to sell alcoholic beverages, in which proceeding a charge is sustained that a person violated subdivision one or two of section 65 and the licensee has not had any adjudicated violation of the ABC law at the licensed premises where the violation occurred within the past five years, and the person who committed such violation held a valid certificate of completion or a renewal from an alcohol training awareness course, the civil penalty shall be the recovery of the penal sum of the bond on file during the period in which the violation took place. Paragraph (b) of subdivision 7 provides, alternatively, that at the time of such violation, if the licensee has not had any adjudicated violations of the ABC law at the licensed premises within the previous five years any civil penalty imposed shall be reduced by twenty-five percent if the licensee submits written proof that all employees at the time of the violation who are involved in the sale of alcoholic beverages have obtained a valid certificate of completion from an alcohol training awareness program.

Section 4: Amends ABC Law section 17 (12) to provide that alcohol training awareness programs shall be attended in person, through distance learning methods, or through an Internet based online program.

Section 5: Amends Penal Law section 260.20 to add a new third undesignated paragraph to provide that it shall be an affirmative defense to a prosecution pursuant to subdivision two of section 260.20 of the penal law - unlawfully dealing with a child in the first degree - that at the time of the alleged violation, the defendant had not been convicted of a violation of sections 260.20 or 260.21 of the penal law, within the previous five years and such defendant, subsequent to the commencement of the present prosecution, has completed an alcohol training awareness program. A reasonable

adjournment of the proceedings may be granted to enable such defendant to complete the training program.

Justification

Underage drinking is a problem throughout the country, including New York State. Alcohol related injuries and deaths occur at an alarming rate. According to the Insurance Institute for Highway Safety, 28% of passengers, age 16-20, who were fatally injured in motor vehicle accidents in the state in 2007 had a blood alcohol content level of .08 or more. Non-vehicular alcohol related accidents and deaths, such as alcohol poisoning, are on the rise as well. In 2005, the monetary cost to New York State, which includes the cost of medical care and work loss, was $3.2 billion, according to the Pacific institute for Research and Evaluation; making New York the 38th highest in underage drinking related costs in the country. Such figures do not, of course, reflect the incalculable cost of pain and suffering related to injuries and death stemming from alcohol consumption by minors.

Over consumption by those who are twenty-one years of age or older negatively impacts New York and its residents as well. According to recent statistics published by the New York State Department of Motor Vehicles, one third of all vehicular fatalities in the state involved impaired or intoxicated drivers and pedestrians.

Alcohol Training Awareness Programs, authorized by the New York State Liquor Authority (SLA) are currently available to licensees and their employees. Such programs, however, are under-attended. It is widely acknowledged that attendance at such programs decreases the incidences of serving alcohol to minors, and helps servers recognize customers who are visibly intoxicated.

By providing incentives for participation in the State's Alcohol Training Awareness Programs, this legislation should encourage those who hold a license to sell alcoholic beverages and their employees, to attend alcohol training awareness programs to help stem underage drinking and alcohol over-consumption.

Prior legislative history

2009, passed in the Assembly. Same as S.5803-A (Klein).

Fiscal implication

Reduced revenues from possible civil penalties collections, however, this will be more than offset by the savings to the state in costs associated with alcohol related injuries and deaths.

Effective date

This act shall take effect on the thirtieth day after it shall have become a law.