BILL NUMBER: S35
TITLE OF BILL :
An act to amend the alcoholic beverage control law, in relation to
permitting the consumption of alcoholic beverages by minors
Prohibits the permitting of the consumption of alcoholic beverages by
persons under the age of twenty-one years.
SUMMARY OF PROVISIONS :
Section 1. The alcoholic beverage control law is amended by adding a
new section 65-e.
Prohibits the consumption of alcoholic beverages by any person under
the age of twenty-one years on the premises of a private residence.
Section 2 defines the meaning of "Party, gathering or event" and
"Permit" for the purpose of this section.
Section 3 provides consequences for a violation of this section of law
as it relates to first time and multiple offenders.
According to the National Institute on Alcohol Abuse and Alcoholism by
the time they reach the eighth grade, nearly 50 percent of adolescents
have had at least one drink, and over 20 percent report having been
"drunk". Approximately 20 percent of 8th graders and almost 50
percent of 12th graders have consumed alcohol within the past 30 days.
Among 12th graders, almost 30 percent report drinking on 3 or more
occasions per month. Approximately 30 percent of 12th graders engage
in heavy episodic drinking, now popularly termed "binge" drinking-that
is, having at least five or more drinks on one occasion within the
past 2 weeks-and it is estimated that 20 percent do so on more than
Motor vehicle crashes are the leading cause of death among youth ages
15 to 20. The rate of fatal crashes among alcohol-involved drivers
between 16 and 20 years old is more than twice the rate for
alcohol-involved drivers 21 and older. Alcohol use interacts with
conditions such as depression and stress to contribute to suicide, the
third leading cause of death among people between the ages of 14 and
25. In one study, 37 percent of eighth grade females who drank heavily
reported attempting suicide, compared with 11 percent who did not
drink. Sexual assault, including rape, occurs most commonly among
women in late adolescence and early adulthood, usually within the
context of a date. In one survey, approximately 10 percent of female
high school students reported having been raped. Research suggests
that alcohol use by the offender, the victim, or both, increases the
likelihood of sexual assault by a male acquaintance.
Moreover, research has associated adolescent alcohol use with
high-risk sex (for example, having multiple sexual partners and
failing to use condoms). The consequences of high-risk sex also are
common in this age group, particularly unwanted pregnancy and sexually
transmitted diseases, including HIV AIDS. According to a recent study,
the link between high-risk sex and drinking is affected by the
quantity of alcohol consumed.
People who begin drinking before age 15 are four times more likely to
develop alcohol dependence at some time in their lives compared with
those who have their first drink at age 20 or older. Some evidence
indicates that genetic factors may contribute to the relationship
between early drinking and subsequent alcoholism. Environmental
factors may also be involved, especially in alcoholic families, where
children may start drinking earlier because of easier access to
alcohol in the home, family acceptance of drinking, and lack of
For all of these reasons it is imperative that we provide an extra
financial deterrent to such actions above the criminal penalties now
EXISTING LAW :
LEGISLATIVE HISTORY :
2007: Passed the Senate, 2008: Referred to mental health and
developmental disabilities (S.5518/A.7984)
FISCAL IMPLICATIONS :
EFFECTIVE DATE :
The bill shall take effect on the sixtieth day after it shall have