S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5276
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2017
                                ___________
 
 Introduced  by M. of A. AUBRY -- 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-u to read as follows:
   § 391-U. 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
 COUNTRY; OR (C) AN IDENTIFICATION CARD  ISSUED  BY  THE  UNITED  STATES,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08762-01-7

 A. 5276                             2
 
 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.
   § 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 remainder 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.
   § 3. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.