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

                                  6826

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              April 6, 2015
                               ___________

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
  penalties for the provision, by a licensee, of an  alcoholic  beverage
  to a person under the age of 21

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

  Section 1. Section 3 of the alcoholic beverage control law is  amended
by adding a new subdivision 9-b to read as follows:
  9-B.  "DEVICE  CAPABLE  OF  DECIPHERING  ANY  ELECTRONICALLY  READABLE
FORMAT" OR "DEVICE"  MEANS  ANY  COMMERCIAL  DEVICE  OR  COMBINATION  OF
DEVICES  USED AT A POINT OF SALE OR ENTRY THAT IS CAPABLE OF READING THE
INFORMATION ENCODED ON THE MAGNETIC STRIP OR  BAR  CODE  OF  A  DRIVERS'
LICENSE  OR NON-DRIVER IDENTIFICATION CARD ISSUED BY THE COMMISSIONER OF
MOTOR VEHICLES.
  S 2. Section 65 of the alcoholic beverage control law  is  amended  by
adding a new subdivision 8 to read as follows:
  8.  AS  AN  ALTERNATIVE  TO  ANY  OTHER PENALTY AUTHORIZED BY LAW, ANY
LICENSEE FOUND TO HAVE VIOLATED THE PROVISIONS  OF  SUBDIVISION  ONE  OF
THIS  SECTION MAY BE ORDERED BY THE AUTHORITY TO PURCHASE A DEVICE CAPA-
BLE OF DECIPHERING ANY ELECTRONICALLY READABLE  FORMAT  AND  TO  PROVIDE
PROOF  THAT  SUCH  DEVICE  IS  REGULARLY UTILIZED TO PERFORM TRANSACTION
SCANS AT THE LICENSED PREMISES. SUCH PURCHASE AND PROOF OF  REGULAR  USE
OF A DEVICE MAY BE CONSIDERED BY THE AUTHORITY, IN THE DISCRETION OF THE
AUTHORITY,  TO  REDUCE  OR  MITIGATE  OTHER CIVIL FINES IMPOSED UPON THE
LICENSEES FOR FUTURE VIOLATIONS OF THIS SECTION.
  S 3. Subdivision 1 of section 65-b of the alcoholic  beverage  control
law,  as  amended by chapter 519 of the laws of 1999, is amended to read
as follows:
  1. As used in this section: (a) ["A device capable of deciphering  any
electronically  readable  format"  or "device" shall mean any commercial

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03949-01-5
              

A. 6826                             2

device or combination of devices used at a point of sale or  entry  that
is  capable  of reading the information encoded on the magnetic strip or
bar code of a driver's license or non-driver identification card  issued
by the commissioner of motor vehicles;
  (b)]  "Card  holder" means any person presenting a driver's license or
non-driver identification card to a licensee, or to the agent or employ-
ee of such licensee under this chapter; and
  [(c)] (B) "Transaction scan" means  the  process  involving  a  device
capable  of  deciphering  any  electronically readable format by which a
licensee, or agent or employee of a licensee under this chapter  reviews
a  driver's  license  or  non-driver  identification card presented as a
precondition for the purchase of an alcoholic beverage  as  required  by
subdivision two of this section or as a precondition for admission to an
establishment  licensed  for the on-premises sale of alcoholic beverages
where admission is restricted to persons twenty-one years or older.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, that, effective  immediately,  any
rules  and regulations necessary to implement the provisions of this act
on its effective date are authorized and directed to be  added,  amended
and/or repealed on or before such date.