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

2 Co-sponsors

• Tony Avella
• John L. Sampson

BILL NUMBER:S296

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

To reduce the incidence of driving while intoxicated by requiring licensees 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

Section 1. Amends the Alcoholic Beverage Control Law by adding a new Section 105-c. 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 transportation." Requires such sign to be conspicuously lettered in at least 72-point type. Requires licensees to display the sign or poster in a conspicuous place. 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. Provides that the licensee shall not be held liable due to the failure of the transportation service or alternative transportation to respond. Establishes penalties not to exceed $100.

Section 2. Effective Date

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 alternatives 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 driving while intoxicated.

Existing law

None.

Prior legislative history

2012: S.313 - Notice of Committee Consideration Requested, Committee Discharged and Committed to Rules/A.9198 - Held for Consideration in Economic Development 2011: S.313 Died on Third Reading Calendar 2009-10: S.3094 - Referred to Investigations and Government Operations/A.8606 Referred to Economic Development 2007-08: S.773 Referred to Investigations and Government Operations /A.2286 Referred to Economic Development 2005-06: S.826 Referred to Investigations and Government Operations/A.4188 Referred to Economic Development 2004: S.5606 - Referred to Investigations and Government Operations/A.9125 Referred to Economic Development 2003: S.5606 - Passed Senate/A.9125 Referred to Economic Development

Fiscal impact

None.

Effective date

The first of October after becoming law.