What's happening
This bill creates a defense for liquor licensees against penalties for selling alcohol to minors if they use ID scanners, require scans for every sale, complete awareness training, and have no recent violations.
Why it matters
Encourages adoption of ID scanning technology. By creating a strong legal defense for licensees who use electronic ID scanners for every alcohol sale, this bill incentivizes bars, restaurants, and stores to invest in up-to-date age verification tools, potentially reducing underage sales.
Promotes comprehensive staff training. The requirement for staff to complete certified alcohol awareness programs highlights the importance of employee education in preventing underage drinking and can raise overall compliance standards within the industry.
Focuses enforcement on habitual violators. By excluding licensees with any recent (within two years) violations from this defense, the bill targets repeated offenders while offering protection to those with clean records, aiming for a fairer and more targeted regulatory approach.
Could shift compliance culture. The bill places responsibility on businesses to implement systematic, technology-driven checks, possibly leading to broader changes in how alcohol retailers manage risk and document compliance, which could influence liability and insurance practices over time.
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Who cares
Headline styles
Protect Compliant Liquor Stores
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to economic development
- Delivered to assembly
- Passed senateVote 59–2
- Advanced to third reading
- 2nd report cal.
- 1st report cal.250
- Referred to alcoholism and drug abuse
- Returned to senate
- Died in assembly
- Referred to economic development
- Delivered to assembly
- Passed senateVote 61–1
Show 4 earlier actions
- Advanced to third reading
- 2nd report cal.
- 1st report cal.944
- Referred to alcoholism and drug abuse
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.
Defend Carded Alcohol Sales
In Assembly Committee · Economic Development · Sponsor Marcos Crespo
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1988
2017-2018 Regular Sessions
IN SENATE
January 11, 2017
Introduced by Sen. KLEIN -- read twice and ordered printed, and when printed to be committed to the Committee on Alcoholism and Drug Abuse
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
S. 1988 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.
Sponsor's memo
Title of bill
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
Purpose or general idea of bill
This bill incentivizes business' use of best practices to combat underage drinking and sales to minors. It creates a defense for selling alcohol to a minor if the licensee bought an identification scanner trains and ensures its use, completed a State Liquor Authority Alcohol Awareness program, and kept a clean record for two years.
Summary of specific provisions
Section 1- Establishes a defense that at the time of the violation: (i) licensee has an operating scanner; (ii) can demonstrate it requires its agents and employees to conduct a transaction scan; (iii) the licensee holds a valid certificate of completion of a licensed alcohol awareness program; and (iv) has no violations within the previous two years as measured from the dates any violations may have occurred.
Justification
This bill is designed to incentivize businesses to use the best practices to combat underage drinking. As these businesses are a vital link in the chain in alcohol procurement by minors, it is imperative that they use caution and the best available technology to prevent access by minors. This creates a large incentive for small businesses to be proactive in preventing access to alcohol by minors who would other- wise lose time and money in administrative hearings.
However, rather than impose additional fines and penalties, this bill recognizes the challenges faced by businesses in recognizing modern false identification and instead incentives the best techniques against these. It allows that if a business has done the very best it feasibly can and has been a demonstrated good actor for two years, that it should also be afforded immunity from administrative penalties stemming from the transaction.
Amendments were made to remove civil liability and also to remove the affirmative defense requirement. The purpose it to ensure that busi- nesses, especially small businesses, do not have to go through an administrative hearing before successfully asserting a defense. It also ensures that the deterrent effects of Dram Shop remain intact.
Prior legislative history
S. 7130-A of 2012, Reported to Senate Calendar. S. 4192 of 2014, Referred to Alcoholism and Drug Abuse S. 4086 of 2015/2016 Passed Senate
Fiscal implications
None
Effective date
This act shall take effect on the first of January next succeeding the date on which it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.