S T A T E O F N E W Y O R K
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6221
2009-2010 Regular Sessions
I N A S S E M B L Y
February 26, 2009
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Introduced by M. of A. BARRA -- 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
authorizing the impoundment of motor vehicles operated by underage
persons illegally in possession of an alcoholic beverage
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 65-c of the alcoholic beverage control law is
amended by adding a new subdivision 7 to read as follows:
7. (A) WHENEVER A PEACE OFFICER AS DEFINED IN SUBDIVISION THIRTY-THREE
OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW OR POLICE OFFICER AS
DEFINED IN SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL
PROCEDURE LAW SHALL OBSERVE A PERSON UNDER TWENTY-ONE YEARS OF AGE OPEN-
LY IN POSSESSION OF AN ALCOHOLIC BEVERAGE AS DEFINED IN THIS CHAPTER,
WITH THE INTENT TO CONSUME SUCH BEVERAGE IN VIOLATION OF THIS SECTION,
AND ENGAGED IN OPERATION OF A MOTOR VEHICLE, SAID OFFICER SHALL IMPOUND
SUCH MOTOR VEHICLE, AND SHALL DELIVER IT TO THE CUSTODY OF HIS OR HER
DEPARTMENT. A VEHICLE SO IMPOUNDED SHALL BE RELEASED TO ITS OWNER,
LESSEE, OR TO ANOTHER PERSON LAWFULLY ENTITLED TO POSSESSION THEREOF NO
SOONER THAN TWENTY-FOUR HOURS AFTER SUCH IMPOUNDMENT. SUCH VEHICLE SHALL
NOT BE RELEASED TO SUCH OWNER, LESSEE, OR OTHER PERSON UNTIL SUCH OWNER,
LESSEE, OR OTHER PERSON PAYS A CHARGE THEREFOR, TO BE FIXED BY THE MUNI-
CIPALITY IN WHICH SUCH VEHICLE IS IMPOUNDED, WHICH CHARGE SHALL NOT BE
IN EXCESS OF TWO HUNDRED FIFTY DOLLARS INCLUSIVE OF TOWING AND STORAGE
CHARGES. ADDITIONAL STORAGE CHARGES MAY BE IMPOSED IF SUCH VEHICLE IS
STORED FOR MORE THAN FORTY-EIGHT HOURS. IF SUCH MOTOR VEHICLE IS SEIZED
FROM A PERSON UNDER THE AGE OF EIGHTEEN YEARS, THE PARENT OR LEGAL GUAR-
DIAN OF SUCH PERSON SHALL PROMPTLY BE SO NOTIFIED BY SAID OFFICER.
(B) FOR THE PURPOSES OF THIS SUBDIVISION, THE TERM "ENGAGED IN OPERA-
TION OF A MOTOR VEHICLE" SHALL HAVE THE FOLLOWING MEANING: PHYSICAL
CONTROL OF A MOTOR VEHICLE. IT INCLUDES THE OPERATION OR CONTROL OF A
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08031-01-9
A. 6221 2
MOTOR VEHICLE WHETHER ON PRIVATE OR PUBLIC LAND. TO BE IN PHYSICAL
CONTROL, A PERSON NEED NOT BE ACTUALLY OPERATING THE MOTOR VEHICLE, NOR
NEED THE MOTOR VEHICLE BE RUNNING OR ON. IF THERE IS ONLY ONE PERSON
INSIDE A MOTOR VEHICLE, THAT PERSON SHALL BE PRESUMED TO BE IN PHYSICAL
CONTROL REGARDLESS OF SUCH PERSON'S PHYSICAL LOCATION WITHIN THE VEHI-
CLE. IF THERE IS ONLY ONE PERSON IN A FRONT SEAT OR FRONT PASSENGER AREA
OF A MOTOR VEHICLE, THAT PERSON SHALL BE PRESUMED TO BE IN PHYSICAL
CONTROL REGARDLESS OF THE PERSON'S LOCATION IN THE FRONT PASSENGER AREA.
IF THERE ARE PERSONS IN THE VEHICLE, BUT NOT IN THE FRONT PASSENGER
AREA, THE OWNER, LESSEE, OR OTHER PERSON LAWFULLY ENTITLED TO POSSESSION
OF THE VEHICLE OR THE PERSON TO WHOM PERMISSION WAS GIVEN TO OPERATE THE
VEHICLE SHALL BE PRESUMED TO BE IN PHYSICAL CONTROL OF THE VEHICLE.
S 2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.