Assembly Bill A9459

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

                                  9459

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 6, 2010
                               ___________

Introduced  by M. of A. GALEF -- 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
  prohibiting gatherings where minors consume alcoholic beverages

  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 132 to read as follows:
  S  132. PROHIBITION OF GATHERINGS WHERE MINORS ARE CONSUMING ALCOHOLIC
BEVERAGES. 1. FOR PURPOSES OF THIS SECTION, THE  FOLLOWING  TERMS  SHALL
HAVE THE FOLLOWING MEANINGS:
  (A)  "ALCOHOL"  SHALL  MEAN  ETHYL ALCOHOL, HYDRATED OXIDE OF ETHYL OR
SPIRIT OF WINE FROM WHATEVER SOURCE OR BY WHATEVER PROCESSES PRODUCED.
  (B) "ALCOHOLIC BEVERAGE" SHALL MEAN ALCOHOL,  SPIRITS,  LIQUOR,  WINE,
BEER, CIDER AND EVERY LIQUID OR SOLID, PATENTED OR NOT, CONTAINING ALCO-
HOL,  SPIRITS,  WINE  OR  BEER  AND CAPABLE OF BEING CONSUMED BY A HUMAN
BEING; EXCEPT THAT  CONFECTIONARY  CONTAINING  ALCOHOL  AS  PROVIDED  BY
SUBDIVISION TWELVE OF SECTION TWO HUNDRED OF THE AGRICULTURE AND MARKETS
LAW  SHALL NOT BE REGARDED AS AN "ALCOHOLIC BEVERAGE" WITHIN THE MEANING
OF THIS SECTION. FOR PURPOSES  OF  THIS  SECTION,  "SPIRITS",  "LIQUOR",
"WINE" AND "CIDER" ARE AS DEFINED IN SECTION THREE OF THIS CHAPTER.
  (C)  "BEER"  SHALL  MEAN  ANY  FERMENTED  BEVERAGES  OF  ANY  NAME  OR
DESCRIPTION MANUFACTURED FROM MALT, WHOLLY  OR  IN  PART,  OR  FROM  ANY
SUBSTITUTE THEREFOR.
  (D)  "CIDER"  SHALL  MEAN  THE  PARTIALLY  OR FULLY FERMENTED JUICE OF
FRESH, WHOLE APPLES, CONTAINING  MORE  THAN  THREE  AND  TWO-TENTHS  PER
CENTUM  BUT  NOT MORE THAN SEVEN PER CENTUM ALCOHOL BY VOLUME, WHEN USED
FOR BEVERAGE PURPOSES, AND TO WHICH NOTHING HAS BEEN ADDED  TO  INCREASE
THE ALCOHOLIC CONTENT PRODUCED BY NATURAL FERMENTATION.
  (E)  "GUARDIAN"  SHALL  MEAN  A  PERSON WHO, UNDER COURT ORDER, IS THE
LEGAL GUARDIAN OF THE PERSON OF A MINOR; OR A PUBLIC OR  PRIVATE  AGENCY
WITH WHOM THE MINOR HAS BEEN PLACED BY THE COURT.

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

                                                           LBD15083-01-9

A. 9459                             2

  (F)  "LIQUOR"  SHALL  MEAN ANY AND ALL DISTILLED OR RECTIFIED SPIRITS,
BRANDY, WHISKEY, RUM,  GIN,  CORDIAL,  OR  SIMILAR  DISTILLED  ALCOHOLIC
BEVERAGES,  INCLUDING  ALL  DILUTIONS AND MIXTURES OF ONE OR MORE OF THE
FOREGOING.
  (G) "MINOR" SHALL MEAN ANY PERSON UNDER TWENTY-ONE YEARS OF AGE.
  (H) "PARENT" SHALL MEAN ANY PERSON WHO IS THE NATURAL PARENT, ADOPTIVE
PARENT, OR STEP-PARENT OF A MINOR.
  (I)  "PARTY", "GATHERING" OR "EVENT" SHALL MEAN A GROUP OF PERSONS WHO
HAVE ASSEMBLED OR ARE ASSEMBLING FOR A SOCIAL OCCASION OR SOCIAL  ACTIV-
ITY.
  (J)  "SPIRITS" SHALL MEAN ANY BEVERAGE WHICH CONTAINS ALCOHOL OBTAINED
BY DISTILLATION MIXED WITH  DRINKABLE  WATER  AND  OTHER  SUBSTANCES  IN
SOLUTION.
  (K) "WINE" SHALL MEAN THE PRODUCT OF THE NORMAL ALCOHOLIC FERMENTATION
OF  THE JUICE OF FRESH, SOUND, RIPE GRAPES, WITH THE USUAL CELLAR TREAT-
MENT AND NECESSARY ADDITIONS TO CORRECT DEFECTS DUE TO CLIMATIC, SACCHA-
RINE AND SEASONAL CONDITIONS, INCLUDING CHAMPAGNE, SPARKLING AND  FORTI-
FIED  WINE  OF AN ALCOHOLIC CONTENT NOT TO EXCEED TWENTY-FOUR PER CENTUM
BY VOLUME.
  2. HOSTING, SUFFERING, PERMITTING, ORGANIZING, ALLOWING A PARTY, GATH-
ERING OR EVENT ON PRIVATE PROPERTY WHERE MINORS ARE CONSUMING  ALCOHOLIC
BEVERAGES IS PROHIBITED.
  (A)  EXCEPT  OTHERWISE PERMITTED BY LAW, NO PERSON SHALL HOST, SUFFER,
PERMIT, ORGANIZE, OR ALLOW A PARTY, GATHERING OR EVENT  AT  HIS  OR  HER
PLACE OF RESIDENCE OR OTHER PRIVATE PROPERTY, PLACE OR PREMISES OWNED BY
OR  UNDER HIS OR HER CONTROL, WHERE THREE OR MORE MINORS ARE PRESENT AND
ALCOHOLIC BEVERAGES ARE BEING CONSUMED BY ANY MINOR.
  (B) THIS SECTION SHALL NOT APPLY TO CONDUCT BETWEEN A MINOR CHILD  AND
HIS OR HER PARENT OR GUARDIAN.
  (C) THIS SECTION SHALL NOT APPLY TO ANY LOCATION OR PLACE REGULATED BY
THE LIQUOR AUTHORITY.
  3. ANY PERSON OR CORPORATION FOUND TO BE GUILTY OF A VIOLATION OF THIS
SECTION  BY A COURT OF LAW SHALL BE SUBJECT TO A CONVICTION OF A CLASS A
MISDEMEANOR, PUNISHABLE BY A FINE NOT TO EXCEED THREE  THOUSAND  DOLLARS
OR IMPRISONMENT FOR A PERIOD NOT TO EXCEED ONE YEAR, OR BOTH.
  S 2. This act shall take effect immediately.