What's happening
This bill creates a legal defense for alcohol licensees facing penalties for serving minors if they use ID scanners, require transaction scans, complete awareness training, and have no recent violations.
Why it matters
Encourages use of modern ID verification. By offering a defense only to establishments that use electronic ID scanners and require transaction scans for every alcohol sale, the bill incentivizes licensees to adopt technology that could reduce underage drinking.
Promotes staff training and accountability. The requirement for a valid alcohol awareness training certificate ensures that employees are educated about responsible alcohol service, potentially reducing accidental sales to minors.
Rewards consistent compliance. Establishments with no violations in the past two years gain extra protection from penalties, motivating ongoing diligence and responsible practices, rather than just one-time compliance.
Could change enforcement focus. The legal defense may shift the State Liquor Authority’s efforts from penalizing technical violations to encouraging preventive measures, potentially impacting how resources are allocated and how compliance is monitored.
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Who cares
Headline styles
Protect Stores Using ID Scans
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to alcoholism and substance abuse
- Referred to alcoholism and substance abuse
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
249
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sen. KENNEDY -- 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05725-01-9
S. 249 2
its agents and employees to conduct a transaction scan, as defined in 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 under- age drinking and sales to minors. It creates a defense for selling alco- hol to a minor if the licensee bought an identification scanner trains and ensures its use, completed a State Liquor Authority Alcohol Aware- ness 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 licen- see holds a valid certificate of completion of a licensed alcohol aware- ness 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 prac- tices 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 proac- tive in preventing access to alcohol by minors who would otherwise 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 modem false identification and instead incentives the best techniques against these. It allows that if a business has done the very best it 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 admin- istrative 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 S.1488 of 2017-18
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.