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A5198Assembly2017-2018 SessionSame asS1988

Defend Carded Alcohol Sales

Official title

“Establishes a defense for underage sale of alcoholic beverages to licensees which perform transaction scans and have no violations for 2 years”

Sponsor Marcos CrespoAD-85Affects Economy
Status
In Assembly Committee
Economic Development
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Economic Development

What's happening

The bill establishes new defenses for businesses facing penalties for selling alcohol to minors if they use ID scanners, require transaction scans, complete alcohol awareness training, and have no recent violations.

Why it matters

  1. Expands legal protections for businesses. by allowing them to avoid administrative penalties for selling alcohol to minors if they consistently use electronic ID scanners and follow new compliance measures—potentially reducing the risk of costly license suspensions or revocations.

  2. Raises the standard for responsible alcohol sales. by requiring not just ID checks, but electronic transaction scans for every sale, incentivizing businesses to invest in technology and enforce stricter internal procedures.

  3. Connects compliance to recent track record. , meaning only businesses with no violations for selling to minors in the previous two years can use this defense—encouraging ongoing diligence and penalizing repeat offenders.

  4. Ties the defense to mandatory staff training. , requiring businesses to complete state-approved alcohol awareness programs, thereby promoting better employee education and potentially reducing underage sales through improved practices.

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Who cares

Headline styles

Defend Carded Alcohol Sales

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Marcos Crespo

Assembly Member · Assembly District 85

No co-sponsors yet.

History

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

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.

S1988Senate

Protect Compliant Liquor Stores

In Assembly Committee · Economic Development · Sponsor Jeffrey D. Klein

Impact 4 · Low0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

5198

2017-2018 Regular Sessions

IN ASSEMBLY

February 6, 2017

Introduced by M. of A. CRESPO -- read once and referred to the Committee on Economic Development

AN ACT to amend the alcoholic beverage control law, in relation to establishing a defense to administrative actions brought by the state liquor authority for providing alcoholic beverages to a person under twenty-one years of age

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Paragraph (b) of subdivision 6 of section 65 of the alcoholic beverage control law, as amended by chapter 435 of the laws of 2010, is amended and a new paragraph (c) is added to read as follows:

(b) it shall be an affirmative defense that at the time of such violation such person who committed such alleged violation held a valid certificate of completion or renewal from an entity authorized to give and administer an alcohol training awareness program pursuant to subdivision twelve of section seventeen of this chapter. Such licensee shall have diligently implemented and complied with all of the provisions of the approved training program. In such proceeding to revoke, cancel or suspend a license pursuant to section one hundred eighteen of this chapter, the licensee must prove each element of such affirmative defense by a preponderance of the credible evidence. Evidence of three unlawful sales of alcoholic beverages by any employee of a licensee to persons under twenty-one years of age, within a two year period, shall be considered by the authority in determining whether the licensee had diligently implemented such an approved program[.]; and

(c) no such proceeding shall be brought against a licensee who can assert that (i) the licensee has an operating device capable of deciphering any electronically readable format, as defined in paragraph (a) of subdivision one of section sixty-five-b of this article, upon the licensed premises; (ii) the licensee can demonstrate that it requires its agents and employees to conduct a transaction scan, as defined in

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD07444-01-7

A. 5198 2

paragraph (c) of subdivision one of section sixty-five-b of this article, of each written evidence of age presented prior to every sale or delivery of alcoholic beverages; (iii) the licensee holds a valid certificate of completion or renewal from an entity authorized to give and administer an alcohol awareness program pursuant to subdivision twelve of section seventeen of this chapter; and (iv) has had no violations of subdivision one of this section upon the licensed premises within the previous two years. For the purposes of this paragraph, the two year period shall be measured from the dates any violations occurred.

§ 2. This act shall take effect on the first of January next succeeding the date on which it shall have become a law.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

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