S T A T E O F N E W Y O R K
________________________________________________________________________
6452
2009-2010 Regular Sessions
I N A S S E M B L Y
March 4, 2009
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Introduced by M. of A. ORTIZ -- read once and referred to the Committee
on Economic Development, Job Creation, Commerce and Industry
AN ACT to amend the alcoholic beverage control law, in relation to
unlawful possession of an alcoholic beverage by persons under the age
of twenty-one on licensed premises
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. UNLAWFUL POSSESSION OF AN ALCOHOLIC BEVERAGE WITH THE INTENT
TO CONSUME BY PERSONS UNDER THE AGE OF TWENTY-ONE YEARS ON PREMISES
LICENSED BY THE STATE LIQUOR AUTHORITY. 1. EXCEPT AS HEREINAFTER
PROVIDED, NO PERSON UNDER THE AGE OF TWENTY-ONE YEARS SHALL POSSESS ANY
ALCOHOLIC BEVERAGE, AS DEFINED IN THIS CHAPTER, WITH THE INTENT TO
CONSUME SUCH BEVERAGE ON ANY PREMISES LICENSED TO SELL ALCOHOLIC BEVER-
AGES.
2. A PERSON VIOLATING THE PROVISIONS OF SUBDIVISION ONE OF THIS
SECTION SHALL BE GUILTY OF A VIOLATION AND SHALL BE SENTENCED IN ACCORD-
ANCE WITH THE FOLLOWING:
(A) FOR A FIRST VIOLATION, THE COURT SHALL ORDER PAYMENT OF A FINE OF
NOT MORE THAN ONE HUNDRED DOLLARS AND/OR AN APPROPRIATE AMOUNT OF COMMU-
NITY SERVICE NOT TO EXCEED THIRTY HOURS. IN ADDITION, THE COURT MAY
ORDER COMPLETION OF AN ALCOHOL AWARENESS PROGRAM ESTABLISHED PURSUANT TO
SECTION 19.25 OF THE MENTAL HYGIENE LAW.
(B) FOR A SECOND OR SUBSEQUENT VIOLATION, THE COURT SHALL ORDER
PAYMENT OF A FINE OF NOT LESS THAN TWO HUNDRED FIFTY DOLLARS NOR MORE
THAN FIVE HUNDRED DOLLARS AND/OR AN APPROPRIATE AMOUNT OF COMMUNITY
SERVICE NOT TO EXCEED THIRTY HOURS.
S 2. Section 65 of the alcoholic beverage control law is amended by
adding a new subdivision 7 to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09972-01-9
A. 6452 2
7. IN A PROCEEDING PURSUANT TO SECTION ONE HUNDRED EIGHTEEN OF THIS
CHAPTER TO REVOKE, CANCEL OR SUSPEND A LICENSE TO SELL ALCOHOLIC BEVER-
AGES AT RETAIL, IN WHICH IT IS ALLEGED THAT A PERSON VIOLATED SUBDIVI-
SION ONE OF THIS SECTION, PROOF OF SALE TO A PERSON WHO HAS NOT BEEN
PROSECUTED UNDER SECTION SIXTY-FIVE-B, SIXTY-FIVE-C OR SIXTY-FIVE-E OF
THIS ARTICLE SHALL BE INADMISSIBLE, UNLESS SUCH PERSON WAS ACTING WITHIN
THE SCOPE OF HIS OR HER EMPLOYMENT WITH OR UNDER THE DIRECTION OF A LAW
ENFORCEMENT AGENCY.
S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.