senate Bill S783

Prohibits licensees for on-premises consumption from serving alcohol while a person under the age of 21 is present

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 15 / Jan / 2009
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 06 / Jan / 2010
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Summary

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Bill Details

Versions:
S783
Legislative Cycle:
2009-2010
Current Committee:
Senate Investigations And Government Operations
Law Section:
Alcoholic Beverage Control Law

Sponsor Memo

BILL NUMBER: S783

TITLE OF BILL :
An act to amend the alcoholic beverage control law, in relation to
serving alcoholic beverages on certain premises while persons under
the age of twenty-one are present


PURPOSE :
This legislation prohibits an establishment that advertises, promotes
or holds any event which is targeted to persons under twenty-one years
of age from serving any alcoholic beverage while any person under the
age of twenty-one years of age is present.

SUMMARY OF LEGISLATION :
Section 1. Legislative Intent: This legislation intends to prevent
underage individuals from accessing alcoholic beverages by prohibiting
bars or clubs from serving alcohol while underage patrons are on the
premises.

Section 2. Section 106 of the alcoholic beverage control law is
amended by adding a new subdivision 16 which prohibits a bar or club
from serving any alcoholic beverage on such licensed premises while
any person under the age of twenty~one years of age is present on the
premises, except if that person is an employee of such bar or club and
is performing his I her job functions.

For the purposes of this subdivision the division the terms "bar" and
"club" shall include any business establishment open to the public
devoted to the sale and service of alcoholic beverages for on-premise
consumption and where the service of food is only incidental to the
consumption of such beverages. The term "bar" shall not include a bar
in a restaurant open to the public.

Furthermore, the provisions of this subdivisions shall not apply to a
bona fide hotel, restaurant-brewer licensed in accordance with section
64-c of this chapter, or a cabaret licensed in accordance with section
64-d.

Section 3. Effective Date.

JUSTIFICATION :
Many bars and clubs promote "under/over nights" where individuals
under twenty-one years of age are allowed to enter a bar or club, but
are prohibited from drinking alcoholic beverages. At these events,
underage patrons are typically charged an entrance fee and given a
bracelet or some other marking to distinguish them from the patrons
who are legally able to drink.

Frequently, these "under/over nights" events make it easier for
younger teens to gain admission, and in some cases obtain alcoholic
beverages once inside the bar or club, either by being served directly
or having "legal" friends purchase alcoholic beverages for them. Also,
there have been a number of complaints concerning disruptive and
violent behavior at some of these establishments.

Consequently, this bill aims at preventing underage individuals from
accessing alcoholic beverages by prohibiting bars or clubs from
serving alcohol while underage patrons are on the premises.

PRIOR LEGISLATIVE HISTORY :
2007-2008 - Investigations, Government Operations

FISCAL IMPLICATIONS :
None.

EFFECTIVE DATE :
This act shall take effect on the thirtieth day after it shall have
become a law.
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