S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1474

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. WRIGHT -- read once and referred to the Committee
  on Consumer Affairs and Protection

AN  ACT  to  amend  the general business law, in relation to prohibiting
  sale of certain video games to minors

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
391-q to read as follows:
  S  391-Q.  SALE  OF  CERTAIN  VIDEO  GAMES TO MINORS PROHIBITED. 1. NO
PERSON, PARTNERSHIP OR CORPORATION SHALL SELL OR RENT OR OFFER  TO  SELL
OR  RENT  TO  ANY  PERSON UNDER THE AGE OF EIGHTEEN YEARS ANY VIDEO GAME
THAT HAS A MATURE OR VIOLENT RATING. SUCH VIDEOS MAY CONTAIN, BUT  SHALL
NOT  BE LIMITED TO, DEPICTIONS DESCRIPTIVE OF, ADVOCATING OR GLAMORIZING
COMMISSION OF A VIOLENT CRIME, SUICIDE, SODOMY, RAPE, INCEST,  BESTIALI-
TY,  SADOMASOCHISM, ANY FORM OF SEXUAL ACTIVITY IN A VIOLENT CONTEXT, OR
ADVOCATING OR ENCOURAGING MURDER, VIOLENT  RACISM,  RELIGIOUS  VIOLENCE,
MORBID VIOLENCE OR THE ILLEGAL USE OF DRUGS OR ALCOHOL.
  2. EVERY PERSON, PARTNERSHIP OR CORPORATION ENGAGED IN THE RETAIL SALE
OR  RENTAL  OF  VIDEO  GAMES  SHALL  STORE  AND DISPLAY SUCH VIDEO GAMES
CONTAINING CONTENTS LISTED IN SUBDIVISION  ONE  OF  THIS  SECTION  IN  A
LOCATION  DESIGNATED  FOR  PERSONS OVER THE AGE OF EIGHTEEN, IN A MANNER
WHICH RESTRICTS ACCESS TO SUCH VIDEO GAMES.
  3. SALE OR RENTAL OF ANY VIDEO GAME THAT CONTAINS ANY CONTENTS  LISTED
IN  SUBDIVISION ONE OF THIS SECTION, SHALL BE MADE ONLY TO AN INDIVIDUAL
WHO DEMONSTRATES, THROUGH (A) A VALID DRIVER'S LICENSE  OR  NON-DRIVER'S
IDENTIFICATION  AND  ISSUED  BY  THE COMMISSIONER OF MOTOR VEHICLES, THE
FEDERAL  GOVERNMENT,  ANY  UNITED  STATES  TERRITORY,  COMMONWEALTH   OR
POSSESSION,  THE  DISTRICT  OF  COLUMBIA,  A STATE GOVERNMENT WITHIN THE
UNITED STATES OR A PROVINCIAL GOVERNMENT OF THE DOMINION OF  CANADA;  OR
(B) A VALID PASSPORT ISSUED BY THE UNITED STATES GOVERNMENT OR ANY OTHER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD00169-01-9

A. 1474                             2

COUNTRY;  OR  (C)  AN  IDENTIFICATION  CARD ISSUED BY THE UNITED STATES,
INDICATING THAT THE INDIVIDUAL IS AT LEAST EIGHTEEN YEARS OF  AGE.  SUCH
IDENTIFICATION  NEED  NOT  BE  REQUIRED OF ANY INDIVIDUAL WHO REASONABLY
APPEARS TO BE AT LEAST THIRTY YEARS OF AGE, PROVIDED, HOWEVER, THAT SUCH
APPEARANCE  SHALL  NOT  CONSTITUTE A DEFENSE IN ANY PROCEEDING INVOLVING
SALE OR RENTAL OF ANY VIDEO GAME, TO AN INDIVIDUAL UNDER EIGHTEEN  YEARS
OF AGE.
  4. IN ANY PROCEEDING PURSUANT TO THIS SECTION, IT SHALL BE AN AFFIRMA-
TIVE  DEFENSE  THAT  A  PERSON  PURCHASING  OR  RENTING OR ATTEMPTING TO
PURCHASE OR RENT ANY VIDEO GAME DESCRIBED IN  SUBDIVISION  ONE  OF  THIS
SECTION  PRODUCED A DRIVER'S LICENSE OR A NON-DRIVER IDENTIFICATION CARD
APPARENTLY ISSUED BY A GOVERNMENT ENTITY OR OTHER IDENTIFICATION  PURSU-
ANT  TO  SUBDIVISION  THREE  OF THIS SECTION, SUCCESSFULLY COMPLETED THE
TRANSACTION, AND THAT THE VIDEO GAME SOLD OR RENTED TO SUCH  PERSON  WAS
REASONABLE  RELIANCE UPON SUCH IDENTIFICATION AND TRANSACTION. IN EVALU-
ATING THE APPLICABILITY OF SUCH AFFIRMATIVE DEFENSE, CONSIDERATION SHALL
BE GIVEN TO ANY WRITTEN POLICY ADOPTED AND IMPLEMENTED BY THE SELLER  TO
EFFECTUATE THE PROVISIONS OF THIS SECTION. USE OF ANY METHOD OF AN ELEC-
TRONIC TRANSACTION SCAN SHALL NOT EXCUSE ANY PERSON OPERATING A PLACE OF
BUSINESS WHEREIN VIDEO GAMES ARE SOLD OR RENTED, OR THE AGENT OR EMPLOY-
EE  OF SUCH PERSON, FROM THE EXERCISE OF DUE DILIGENCE.  NOTWITHSTANDING
THE PROVISIONS OF THIS SUBDIVISION, ANY SUCH AFFIRMATIVE  DEFENSE  SHALL
NOT  BE  APPLICABLE IN ANY CIVIL OR CRIMINAL PROCEEDING, OR IN ANY OTHER
FORUM.
  5. FOR THE PURPOSES OF THIS SECTION "RATING"  MEANS  THE  STANDARDIZED
DESIGNATION  COMMONLY USED TO INFORM PARENTS ABOUT VIDEO GAMES REGARDING
LISTENING AND VIEWING BY THEIR CHILDREN.
  S 2. Severability. If any clause, sentence, paragraph, subdivision  or
part  of  this  act, or the application thereof to any person or circum-
stance, shall be adjudged by any court of competent jurisdiction  to  be
invalid  or  unconstitutional, such judgment shall not affect, impair or
invalidate the reminder thereof, but shall be confined in its  operation
to  the clause, sentence, paragraph, subdivision or part of this act, or
in its application to the person or circumstance, directly  involved  in
the controversy in which such judgment shall have been rendered.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law.