senate Bill S1880B

Signed By Governor
2011-2012 Legislative Session

Relates to penalties for sale of alcohol to minors by licensed barbers

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Sponsored By

Archive: Last Bill Status Via A6324 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

view actions (26)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 17, 2011 signed chap.417
Aug 05, 2011 delivered to governor
Jun 22, 2011 returned to assembly
passed senate
3rd reading cal.220
substituted for s1880b
Jun 22, 2011 substituted by a6324b
Jun 21, 2011 amended on third reading 1880b
Jun 17, 2011 returned to assembly
repassed senate
Jun 21, 2011 vote reconsidered - restored to third reading
returned to senate
recalled from assembly
Jun 17, 2011 referred to codes
Jun 13, 2011 amended on third reading (t) 1880a
Jun 13, 2011 vote reconsidered - restored to third reading
Jun 10, 2011 returned to senate
recalled from assembly
Jun 06, 2011 referred to economic development
delivered to assembly
passed senate
Mar 16, 2011 advanced to third reading
Mar 15, 2011 2nd report cal.
Mar 14, 2011 1st report cal.220
Feb 23, 2011 committee discharged and committed to alcoholism and drug abuse
Jan 13, 2011 referred to consumer protection

Votes

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Mar 14, 2011 - Alcoholism and Drug Abuse committee Vote

S1880
5
0
committee
5
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Mar 14, 2011

aye wr (1)

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

Co-Sponsors

S1880 - Bill Details

See Assembly Version of this Bill:
A6324B
Law Section:
General Business Law
Laws Affected:
Amd §441, Gen Bus L
Versions Introduced in 2009-2010 Legislative Session:
S6442, A9533

S1880 - Bill Texts

view summary

Establishes penalties for licensed barbers who sell alcohol to persons under the age of twenty-one years, including the loss of barbering license.

view sponsor memo
BILL NUMBER:S1880

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 44l(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.


view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1880

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 13, 2011
                               ___________

Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

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 SIXTY-FIVE 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05823-01-1

S. 1880                             2

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
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.

Co-Sponsors

S1880A - Bill Details

See Assembly Version of this Bill:
A6324B
Law Section:
General Business Law
Laws Affected:
Amd §441, Gen Bus L
Versions Introduced in 2009-2010 Legislative Session:
S6442, A9533

S1880A - Bill Texts

view summary

Establishes penalties for licensed barbers who sell alcohol to persons under the age of twenty-one years, including the loss of barbering license.

view sponsor memo
BILL NUMBER:S1880A

TITLE OF BILL:
An act
to amend the general business law,
in relation to establishing
penalties for licensed barbers
who sell alcohol to persons under the age of
twenty-one years

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 44l(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.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1880--A
    Cal. No. 220

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 13, 2011
                               ___________

Introduced  by Sens. ESPAILLAT, SERRANO -- read twice and ordered print-
  ed, and when printed to be committed  to  the  Committee  on  Consumer
  Protection  --  committee  discharged  and  said bill committed to the
  Committee on Alcoholism and Drug Abuse -- reported favorably from said
  committee, ordered to first and second  report,  ordered  to  a  third
  reading,  passed  by  Senate  and delivered to the Assembly, recalled,
  vote reconsidered, restored to  third  reading,  amended  and  ordered
  reprinted, retaining its place in the order of third reading

AN  ACT  to  amend the general business law, in relation to establishing
  penalties for licensed barbers who sell alcohol to persons  under  the
  age of twenty-one years

  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 SIXTY-FIVE OF THE  ALCOHOLIC  BEVERAGE
CONTROL LAW AT THE BARBER'S PLACE OF BUSINESS.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05823-05-1

Co-Sponsors

S1880B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A6324B
Law Section:
General Business Law
Laws Affected:
Amd §441, Gen Bus L
Versions Introduced in 2009-2010 Legislative Session:
S6442, A9533

S1880B (ACTIVE) - Bill Texts

view summary

Establishes penalties for licensed barbers who sell alcohol to persons under the age of twenty-one years, including the loss of barbering license.

view sponsor memo
BILL NUMBER:S1880B

TITLE OF BILL:
An act
to amend the general business law,
in relation to establishing
penalties for licensed barbers
who sell alcohol to persons under the age of
twenty-one years

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.


view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1880--B
    Cal. No. 220

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 13, 2011
                               ___________

Introduced  by Sens. ESPAILLAT, ADAMS, SERRANO -- read twice and ordered
  printed, and when printed to be committed to the Committee on Consumer
  Protection -- committee discharged and  said  bill  committed  to  the
  Committee on Alcoholism and Drug Abuse -- reported favorably from said
  committee,  ordered  to  first  and  second report, ordered to a third
  reading, passed by Senate and delivered  to  the  Assembly,  recalled,
  vote  reconsidered,  restored  to  third  reading, amended and ordered
  reprinted, retaining its place in the order of third reading -- passed
  by Senate and delivered to the Assembly, recalled, vote  reconsidered,
  restored  to  third  reading, amended and ordered reprinted, retaining
  its place in the order of third reading

AN ACT to amend the general business law, in  relation  to  establishing
  penalties  for  licensed barbers who sell alcohol to persons under the
  age of twenty-one years

  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 ONE  OF  SECTION  SIXTY-FIVE  OF  THE
ALCOHOLIC BEVERAGE CONTROL LAW WHERE SUCH CONVICTION WAS FOR THE SALE OF
ALCOHOL TO A PERSON ACTUALLY UNDER THE AGE OF TWENTY-ONE AND THE OFFENSE
OCCURRED AT THE BARBER'S PLACE OF BUSINESS.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05823-07-1

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