Assembly Bill A1381A

2021-2022 Legislative Session

Makes it lawful for a person to possess an open container of alcohol and consume alcohol in public during the COVID-19 pandemic

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Sponsored By

Archive: Last Bill Status - In Assembly Committee

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

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Bill Amendments

co-Sponsors

2021-A1381 - Details

See Senate Version of this Bill:
S6831
Current Committee:
Assembly Economic Development
Law Section:
Criminal Procedure
Laws Affected:
Add §132, ABC L; rpld §10-125, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:
2019-2020: A10695
2023-2024: A1951

2021-A1381 - Summary

Permits the possession and consumption of alcoholic beverages in a public place; prohibits a municipality from preventing a person twenty-one years of age or older from possessing an alcoholic beverage in an open container in a public place and from consuming an alcoholic beverage in a public place.

2021-A1381 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1381
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 8, 2021
                                ___________
 
 Introduced  by M. of A. CARROLL, SIMON, TAYLOR -- read once and referred
   to the Committee on Economic Development
 
 AN ACT in relation to making it lawful for a person to possess  an  open
   container  of  alcohol  and  to  consume  alcohol in public in munici-
   palities in which bars and/or restaurants are not  operating  at  full
   capacity due to the COVID-19 pandemic; and providing for the repeal of
   such provisions upon expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Notwithstanding any other general, special  or  local  law,
 rule  or regulation, code, ordinance or city charter to the contrary, in
 any municipality of the state  in  which  bars  and/or  restaurants  are
 unable  to operate at full capacity because of restrictions put in place
 due to the state disaster emergency declared by executive  order  number
 202,  and  any  further amendments or modifications thereto, it shall be
 lawful for a person to:
   (a) possess an open container of alcohol in public; and
   (b) consume alcohol in public.
   § 2. This act shall take effect immediately, provided,  however,  that
 this  act shall be subject to the expiration of the state disaster emer-
 gency declared for the entire state by executive order  number  202  and
 any  further amendments or modifications, and as may be further extended
 pursuant to section 28 of the executive law,  and  shall  be  deemed  to
 expire  and  be repealed therewith; provided, further, that the attorney
 general shall notify the legislative bill drafting commission  upon  the
 occurrence of the expiration of the state disaster emergency declared by
 executive order number 202 of 2020 and any further amendments or modifi-
 cations,  and  as  may be further extended pursuant to section 28 of the
 executive law, in order that the commission may maintain an accurate and
 timely effective data base of the official text of the laws of the state
 of New York in furtherance of effectuating the provisions of section  44
 of the legislative law and section 70-b of the public officers law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

co-Sponsors

2021-A1381A (ACTIVE) - Details

See Senate Version of this Bill:
S6831
Current Committee:
Assembly Economic Development
Law Section:
Criminal Procedure
Laws Affected:
Add §132, ABC L; rpld §10-125, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:
2019-2020: A10695
2023-2024: A1951

2021-A1381A (ACTIVE) - Summary

Permits the possession and consumption of alcoholic beverages in a public place; prohibits a municipality from preventing a person twenty-one years of age or older from possessing an alcoholic beverage in an open container in a public place and from consuming an alcoholic beverage in a public place.

2021-A1381A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1381--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 8, 2021
                                ___________
 
 Introduced  by M. of A. CARROLL, SIMON, TAYLOR -- read once and referred
   to the Committee on Economic Development -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
   permitting the possession and consumption of alcoholic beverages in  a
   public  place; and to repeal section 10-125 of the administrative code
   of the city of New York relating to  the  consumption  of  alcohol  on
   streets
 
   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:
   §  132.  CONSUMPTION  OF ALCOHOLIC BEVERAGES IN A PUBLIC PLACE. 1. FOR
 THE PURPOSES OF THIS SECTION, "PUBLIC PLACE" SHALL MEAN A PLACE TO WHICH
 THE PUBLIC OR A SUBSTANTIAL GROUP OF PERSONS HAS ACCESS  INCLUDING,  BUT
 NOT  LIMITED  TO  ANY  SIDEWALK,  PARKING  AREA, SHOPPING AREA, PLACE OF
 AMUSEMENT, PLAYGROUND, PARK OR BEACH.
   2. NO MUNICIPALITY SHALL PROHIBIT A PERSON TWENTY-ONE YEARS OF AGE  OR
 OLDER  FROM  POSSESSING  AN ALCOHOLIC BEVERAGE IN AN OPEN CONTAINER IN A
 PUBLIC PLACE AND FROM CONSUMING AN ALCOHOLIC BEVERAGE IN A PUBLIC PLACE,
 EXCEPT AS PROHIBITED IN SECTION ONE THOUSAND TWO HUNDRED TWENTY-SEVEN OF
 THE VEHICLE AND TRAFFIC LAW.
   § 2. Section 10-125 of the administrative code of the city of New York
 is REPEALED.
   § 3. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05493-02-1

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