Senate Bill S35

2009-2010 Legislative Session

Prohibits the permitting of the consumption of alcoholic beverages by persons under the age of twenty-one years

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-S35 (ACTIVE) - Details

Current Committee:
Senate Mental Health And Developmental Disabilities
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Add §65-e, ABC L
Versions Introduced in 2011-2012 Legislative Session:
S628

2009-S35 (ACTIVE) - Summary

Provides that no person who is over the age of twenty-one years who owns, rents or controls a private residence shall permit the consumption of alcoholic beverages by any person, actually or apparently, under the age of twenty-one years who is present at any party, gathering or event on the premises of such person; defines "party, gathering or event" and "permit".

2009-S35 (ACTIVE) - Sponsor Memo

2009-S35 (ACTIVE) - Bill Text download pdf

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

                                   35

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by Sen. FUSCHILLO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental Disabilities

AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
  permitting the consumption of alcoholic beverages by minors

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

  Section  1.  The alcoholic beverage control law is amended by adding a
new section 65-e to read as follows:
  S 65-E. PROHIBITION OF PERMITTING THE CONSUMPTION OF ALCOHOLIC  BEVER-
AGES  BY  ANY PERSON UNDER THE AGE OF TWENTY-ONE YEARS. 1. NO PERSON WHO
IS OVER THE AGE OF TWENTY-ONE  YEARS  WHO  OWNS,  RENTS  OR  CONTROLS  A
PRIVATE RESIDENCE SHALL PERMIT THE CONSUMPTION OF ALCOHOLIC BEVERAGES BY
ANY  PERSON,  ACTUALLY  OR APPARENTLY, UNDER THE AGE OF TWENTY-ONE YEARS
WHO IS PRESENT AT ANY PARTY, GATHERING OR EVENT ON THE PREMISES OF  SUCH
PERSON.
  2.  FOR  THE  PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
THE FOLLOWING MEANINGS:
  (A) "PARTY, GATHERING OR EVENT"  SHALL  MEAN  THREE  OR  MORE  PERSONS
ASSEMBLED  FOR A SOCIAL OCCASION OR ACTIVITY, WHERE AT LEAST ONE OF SUCH
PERSONS IS NOT AN OWNER, TENANT OR REGULAR OCCUPANT OF THE PREMISES.
  (B) "PERMIT" SHALL MEAN FAILING TO TAKE REASONABLE CORRECTIVE  ACTION,
INCLUDING,  BUT  NOT  LIMITED  TO:  (A) MAKING A PROMPT DEMAND THAT SUCH
PERSON UNDER THE AGE OF TWENTY-ONE YEARS EITHER FORFEIT AND REFRAIN FROM
FURTHER CONSUMPTION OF SUCH ALCOHOLIC BEVERAGES OR DEPART FROM THE PREM-
ISES OR (B) IF SUCH PERSON UNDER THE AGE OF TWENTY-ONE  YEARS  FAILS  TO
COMPLY  WITH SUCH REQUEST, EITHER PROMPTLY REPORTING SUCH CONSUMPTION OF
ALCOHOL BY A MINOR TO THE LOCAL LAW ENFORCEMENT AGENCY OR TO  ANY  OTHER
PERSON  HAVING  A  GREATER  DEGREE OF AUTHORITY OVER THE CONDUCT OF SUCH
MINOR.

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

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