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A03660 Summary:

BILL NOA03660
 
SAME ASNo Same As
 
SPONSORCook (MS)
 
COSPNSRAubry, Taylor, Davila
 
MLTSPNSRSayegh, Simon
 
Amd §§106 & 109, ABC L
 
Requires a retail licensee for on-premises consumption to maintain and make available to customers, at no charge, a device which measures blood alcohol content.
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A03660 Actions:

BILL NOA03660
 
02/03/2023referred to economic development
01/03/2024referred to economic development
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A03660 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3660
 
SPONSOR: Cook (MS)
  TITLE OF BILL: An act to amend the alcoholic beverage control law, in relation to requiring retail licensees for on-premises consumption to maintain devices which measure blood alcohol content for optional use by patrons   PURPOSE: To give patrons the opportunity to measure blood alcohol content before operating a motor vehicle   SUMMARY OF SPECIFIC PROVISIONS: This bill would amend sections 106 and 109 of the alcoholic beverage control law.   JUSTIFICATION: Many people have had their lives affected by the actions of those indi- viduals that decide to drive while intoxicated. Statistics show that over 2,0% of all traffic fatalities in the United States each year are caused by drunk drivers. In a recent report, New York had 43,000 people arrested on DWI charges. Having a device to measure blood alcohol content may help patrons focus carefully on their responsibilities before getting behind the wheel of a car. This law would give patrons the opportunity to measure their blood alcohol level before operating a motor vehicle and to avoid possible dramatic consequences. There is a wide range of consequences that can affect an individual that drives while intoxicated. Fines and jail sentences are frequent while in recent months the confiscation of cars has been used against those who drink and drive. In prevention of these consequences, establishments would give customers a chance to get their own unofficial idea of what their blood alcohol level is and allow them to make a better, educated choice in the area of driving while drinking.   PRIOR LEGISLATIVE HISTORY: Previously Introduced;2017/18 - A.6768; 2019/20 - A.4530; 2021/22 - A.4545   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effec- tive date are authorized to be made and completed on or before such effective date.
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A03660 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3660
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 3, 2023
                                       ___________
 
        Introduced by M. of A. COOK, AUBRY, TAYLOR, DAVILA -- Multi-Sponsored by
          --  M. of A.  SAYEGH, SIMON -- read once and referred to the Committee
          on Economic Development
 
        AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
          requiring  retail  licensees  for  on-premises consumption to maintain
          devices which measure  blood  alcohol  content  for  optional  use  by
          patrons
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 106  of  the  alcoholic  beverage  control  law  is
     2  amended by adding a new subdivision 18 to read as follows:
     3    18.  Each  retail  licensee for on-premises consumption shall keep and
     4  maintain upon the licensed premises a device approved by  the  authority
     5  which  measures  blood  alcohol content. Such device shall be located in
     6  any area easily accessible to patrons and shall be  made  available  for
     7  use by patrons at no charge.
     8    §  2.  Section 109 of the alcoholic beverage control law is amended by
     9  adding a new subdivision 3 to read as follows:
    10    3. Any renewal of a license to sell at retail for on-premises consump-
    11  tion shall be accompanied by proof that such premises is equipped with a
    12  device to measure blood alcohol content pursuant to section one  hundred
    13  six of this article.
    14    §  3.  This  act  shall take effect on the sixtieth day after it shall
    15  have become a law. Effective immediately, the addition, amendment and/or
    16  repeal of any rule or regulation necessary  for  the  implementation  of
    17  this  act  on its effective date are authorized to be made and completed
    18  on or before such effective date.
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08292-01-3
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