NY State Senate Bill 2009-S6442

Senate Bill S6442

2009-2010 Legislative Session

Relates to penalties for sale of alcohol to minors and increases penalties for the sale of alcohol without the appropriate license

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Archive: Last Bill Status - In Senate Committee Codes 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 12, 2010	referred to codes

co-Sponsors

2009-S6442 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: General Business Law
Laws Affected:: Amd §441, Gen Bus L; amd §130, ABC L
Versions Introduced in 2011-2012 Legislative Session:: S1880

2009-S6442 (ACTIVE) - Summary

Establishes penalties for persons who sell alcohol to persons under the age of twenty-one years; increases fines and length of imprisonment for the sale of alcoholic beverages without having the appropriate wine/beer/liquor license; increases penalties for sale to minors, loss of barbering license.

2009-S6442 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6442

 TITLE OF BILL :
An act to amend the general business law and the alcoholic beverage
control law, in relation to establishing penalties for persons who
sell alcohol to persons under the age of twenty-one years and
increasing fines and length of imprisonment for the sale of alcoholic
beverages without having the appropriate license


 PURPOSE :
The purpose of this bill is to deter businesses from selling alcohols
to persons under 21 years of age. Penalties associated with selling
alcohol to minors and selling alcohol without a license have been
increased to address this problem.

 SUMMARY OF PROVISIONS :
Section 1: Adds a new subdivision (10) to section 441(a) of the
general business law that expands the grounds for revocation of a
barber's license to include selling, giving, or delivering alcohol to
a person under 21 years of age.

Section 2: Amends subdivision 1 of section 130 of the alcoholic
beverage control law to increase penalties for those who manufacture
or sell alcoholic beverages without having the appropriate license, or
with a revoked or suspended license.

Section 3: Sets the effective date 120 days after it shall become law.

 JUSTIFICATION :
Recent investigations have found that several barbershops, bodegas and
other stores are selling illegal and potent alcoholic beverages to
minors as young as 14. These businesses, which do not have the
appropriate license to sell alcohol, mix hard alcohol with very
sugary, colorful drinks and candy in an attempt to market the drink to
minors. The increased penalties proposed in this bill will deter the
unlicensed selling of alcohol to minors.

 LEGISLATIVE HISTORY :
This is a new bill.

 CURRENT LAW :
Section 441(a) of the general business law does not list selling
alcohol to those under 21 years of age as grounds for revocation of a
barber shop license. Section 130 currently makes it a misdemeanor to
sell alcoholic beverages without the appropriate license and has
increasing penalties for 1st, 2nd, and subsequent convictions.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This bill would be effective 120 days after passage.

2009-S6442 (ACTIVE) - Bill Text download pdf

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

                                  6442

                            I N  S E N A T E

                            January 12, 2010
                               ___________

Introduced  by  Sen. SCHNEIDERMAN -- read twice and ordered printed, and
  when printed to be committed to the Committee on Codes

AN ACT to amend the general business  law  and  the  alcoholic  beverage
  control  law,  in  relation  to establishing penalties for persons who
  sell alcohol to persons under the age of twenty-one years and increas-
  ing fines and length of imprisonment for the sale of alcoholic  bever-
  ages without having the appropriate license

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

  Section 1. Subdivision (a) of section 441 of the general business  law
is amended by adding a new paragraph 10 to read as follows:
  10.  CONVICTION  UNDER  SUBDIVISION TWO OF SECTION 260.20 OF THE PENAL
LAW OR SUBDIVISION ONE OF SECTION 65 OF THE ALCOHOLIC  BEVERAGE  CONTROL
LAW.
  S  2.  Subdivision  1 of section 130 of the alcoholic beverage control
law, as amended by chapter 750 of the laws of 1982, is amended  to  read
as follows:
  1.  Any person who manufactures for sale or sells alcoholic beverages,
other than the illicit alcoholic beverages as  defined  in  section  one
hundred  fifty  OF  THIS  CHAPTER, without having an appropriate license
therefor, or whose license has been revoked, surrendered  or  cancelled,
shall  be  guilty  of  a  misdemeanor, and upon first conviction thereof
shall be punished by a fine not more than [two] THREE times the cost  of
a  special on premises license in the county where the unlawful act took
place or by imprisonment in a county jail or penitentiary for a term  of
not  less  than  [thirty]  SIXTY days nor more than one year or both and
upon second conviction thereof shall be punished by a fine not less than
[two] THREE times and not more than [three] FOUR times  the  cost  of  a
special  on  premises  license in the county where the unlawful act took
place or by imprisonment in a county jail or penitentiary for a term  of
not  less  than  [thirty]  SIXTY days nor more than one year or both and
upon all subsequent convictions thereof shall be punished by a fine  not
less  than  [three]  FOUR  times and not more than [four] FIVE times the
cost of a special on premises license in the county where  the  unlawful

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

                                                           LBD15343-02-0

S. 6442                             2

act took place or by imprisonment in a county jail or penitentiary for a
term of not less than [thirty] SIXTY days nor more than one year or both
provided,  however, that in default of payment of any fine imposed, such
person  shall  be imprisoned in a county jail or penitentiary for a term
of not less than [thirty] SIXTY days.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

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Senate Bill S6442

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Sponsored By

Eric T. Schneiderman