Assembly Bill A9965

                                BILL NUMBER:A9965

TITLE  OF BILL:   An act to amend the alcoholic beverage control law, in
relation to prohibiting the granting of a license for the retail sale of
alcohol beverages for on-premises or  off-premises  consumption  to  any
premises upon which there exists a drive-up or drive-through facility

PURPOSE  OR  GENERAL  IDEA OF BILL: The purpose of this bill is prohibit
the granting of a license for the sale of  alcoholic  beverages  to  any
establishment that has a drive-through window

SUMMARY  OF SPECIFIC PROVISIONS:  Amends section 105 of alcoholic bever-
age law by adding new subdivision  4  to  prohibit  the  granting  of  a
license  for  the  sale of alcoholic beverages to any establishment that
has a drive-through window

JUSTIFICATION:  Recently compiled data from the New York Office of Alco-
holism and Substance Abuse Household survey indicated that 1 in 8  young
adults (18-25) drove a vehicle after drinking. Additionally, in the past
year,  more than 5% of students in grades 7-12 physically assaulted some
due to the influence of alcohol, while  20%  of  the  students  attended
class intoxicated on alcohol.

The problem of alcohol abuse is serious and based on the data available,
we can not allow the Burger Kings, McDonalds and Wendy's that now litter
our  communities  to sell beer at their establishments.  Burger King has
              

announced plans to begin the sale of beer at their  restaurants  in  New
York  City. This will be another point of access for under-aged drinking
and beer consumption by those afflicted with alcoholism.

*According to other studies, 1 in 6 high  school  students  age  16  and
older drove under the influence of alcohol;

*NYC  students  age 16 and older were twice as likely as students in the
rest of the State to have driven under the influence;

*49 percent of high school seniors drank  alcohol  within  the  past  30
days; and

*31  percent  of  high school seniors reported binge drinking within the
last two weeks.

Fast food establishments in our neighborhoods employee minors.  Combined
with the high rates of substance abuse evident in urban centers and  low
income communities, this Legislature should prevent such sales and put a
stop to such plans which amount to the poisoning of our communities, our
children and our future.

PRIOR LEGISLATIVE HISTORY:  New Bill

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:  N/A

EFFECTIVE  DATE:  This bill will take effect immediately and shall apply
to licenses issued or renewed on or after such date of enactment