senate Bill S628A

2011-2012 Legislative Session

Creates a social host law prohibiting the permitting of the consumption of alcoholic beverages by persons under the age of twenty-one years

download bill text pdf

Sponsored By

Archive: Last Bill Status -


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

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Actions

view actions (9)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 19, 2012 reported and committed to codes
Jan 04, 2012 referred to alcoholism and drug abuse
Jun 24, 2011 committed to rules
Jun 01, 2011 amended on third reading (t) 628a
Mar 16, 2011 advanced to third reading
Mar 15, 2011 2nd report cal.
Mar 14, 2011 1st report cal.219
Feb 23, 2011 committee discharged and committed to alcoholism and drug abuse
Jan 05, 2011 referred to investigations and government operations

Votes

view votes

Jan 19, 2012 - Alcoholism and Drug Abuse committee Vote

S628A
5
0
committee
5
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Alcoholism and Drug Abuse committee vote details

Alcoholism and Drug Abuse Committee Vote: Jan 19, 2012

aye wr (1)

Mar 14, 2011 - Alcoholism and Drug Abuse committee Vote

S628
6
0
committee
6
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Mar 14, 2011

Co-Sponsors

S628 - Details

Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Add §65-e, ABC L
Versions Introduced in 2009-2010 Legislative Session:
S35

S628 - Summary

Creates a social host law prohibiting the permitting of the consumption of alcoholic beverages by persons under the age of twenty-one years; provides that no person who is over the age of twenty-one years who owns, rents or controls a private residence shall permit the consumption of alcoholic beverages by any person under the age of twenty-one years who is present at any party, gathering or event on the premises of such person; defines "party, gathering or event" and "permit".

S628 - Sponsor Memo

S628 - Bill Text download pdf

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

                                   628

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens.  FUSCHILLO, DIAZ, LARKIN -- read twice and ordered
  printed, and when printed to be committed to the Committee on Investi-
  gations and Government Operations

AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
  permitting the consumption of alcoholic beverages by minors

  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 65-e to read as follows:
  S  65-E. PROHIBITION OF PERMITTING THE CONSUMPTION OF ALCOHOLIC BEVER-
AGES BY ANY PERSON UNDER THE AGE OF TWENTY-ONE YEARS. 1. NO  PERSON  WHO
IS  OVER  THE  AGE  OF  TWENTY-ONE  YEARS  WHO OWNS, RENTS OR CONTROLS A
PRIVATE RESIDENCE SHALL PERMIT THE CONSUMPTION OF ALCOHOLIC BEVERAGES BY
ANY PERSON, ACTUALLY OR APPARENTLY, UNDER THE AGE  OF  TWENTY-ONE  YEARS
WHO  IS PRESENT AT ANY PARTY, GATHERING OR EVENT ON THE PREMISES OF SUCH
PERSON.
  2. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING  TERMS  SHALL  HAVE
THE FOLLOWING MEANINGS:
  (A)  "PARTY,  GATHERING  OR  EVENT"  SHALL  MEAN THREE OR MORE PERSONS
ASSEMBLED FOR A SOCIAL OCCASION OR ACTIVITY, WHERE AT LEAST ONE OF  SUCH
PERSONS IS NOT AN OWNER, TENANT OR REGULAR OCCUPANT OF THE PREMISES.
  (B)  "PERMIT" SHALL MEAN FAILING TO TAKE REASONABLE CORRECTIVE ACTION,
INCLUDING, BUT NOT LIMITED TO: (A) MAKING  A  PROMPT  DEMAND  THAT  SUCH
PERSON UNDER THE AGE OF TWENTY-ONE YEARS EITHER FORFEIT AND REFRAIN FROM
FURTHER CONSUMPTION OF SUCH ALCOHOLIC BEVERAGES OR DEPART FROM THE PREM-
ISES  OR  (B)  IF SUCH PERSON UNDER THE AGE OF TWENTY-ONE YEARS FAILS TO
COMPLY WITH SUCH REQUEST, EITHER PROMPTLY REPORTING SUCH CONSUMPTION  OF
ALCOHOL  BY  A MINOR TO THE LOCAL LAW ENFORCEMENT AGENCY OR TO ANY OTHER
PERSON HAVING A GREATER DEGREE OF AUTHORITY OVER  THE  CONDUCT  OF  SUCH
MINOR.

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

Co-Sponsors

S628A (ACTIVE) - Details

Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Add §65-e, ABC L
Versions Introduced in 2009-2010 Legislative Session:
S35

S628A (ACTIVE) - Summary

Creates a social host law prohibiting the permitting of the consumption of alcoholic beverages by persons under the age of twenty-one years; provides that no person who is over the age of twenty-one years who owns, rents or controls a private residence shall permit the consumption of alcoholic beverages by any person under the age of twenty-one years who is present at any party, gathering or event on the premises of such person; defines "party, gathering or event" and "permit".

S628A (ACTIVE) - Sponsor Memo

S628A (ACTIVE) - Bill Text download pdf

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

                                 628--A
    Cal. No. 219

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens.  FUSCHILLO, DIAZ, LARKIN -- read twice and ordered
  printed, and when printed to be committed to the Committee on Investi-
  gations and Government Operations --  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, amended and ordered reprinted,
  retaining its place in the order of third reading

AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
  permitting the consumption of alcoholic beverages by persons under the
  age of twenty-one

  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 65-e to read as follows:
  S  65-E. PROHIBITION OF PERMITTING THE CONSUMPTION OF ALCOHOLIC BEVER-
AGES BY ANY PERSON UNDER THE AGE OF TWENTY-ONE YEARS. 1. NO  PERSON  WHO
IS  OVER  THE  AGE  OF  TWENTY-ONE  YEARS  WHO OWNS, RENTS OR CONTROLS A
PRIVATE RESIDENCE SHALL PERMIT THE CONSUMPTION OF ALCOHOLIC BEVERAGES BY
ANY PERSON ACTUALLY OR APPARENTLY UNDER THE AGE OF TWENTY-ONE YEARS  WHO
IS  PRESENT  AT  ANY  PARTY,  GATHERING OR EVENT ON THE PREMISES OF SUCH
PERSON WHEN SUCH PERSON KNOWS OR HAS REASON TO  KNOW  THAT  SUCH  PARTY,
GATHERING OR EVENT IS TAKING PLACE AT HIS OR HER RESIDENCE.
  2.  FOR  THE  PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
THE FOLLOWING MEANINGS:
  (A) "PARTY, GATHERING OR EVENT"  SHALL  MEAN  THREE  OR  MORE  PERSONS
ASSEMBLED  FOR A SOCIAL OCCASION OR ACTIVITY, WHERE AT LEAST ONE OF SUCH
PERSONS IS NOT AN OWNER, TENANT OR REGULAR OCCUPANT OF THE PREMISES.
  (B) "PERMIT" SHALL MEAN FAILING TO TAKE REASONABLE CORRECTIVE  ACTION,
INCLUDING,  BUT  NOT  LIMITED  TO:  (I) MAKING A PROMPT DEMAND THAT SUCH
PERSON UNDER THE AGE OF TWENTY-ONE YEARS EITHER FORFEIT AND REFRAIN FROM

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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