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Assembly Bill A1951

2023-2024 Legislative Session

Makes it lawful for a person to possess an open container of alcohol in certain public places

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Archive: Last Bill Status - In Assembly Committee

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2023-A1951 (ACTIVE) - Details

Current Committee:
Assembly Economic Development
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Add §132, ABC L; amd §10-125, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:
2019-2020: A10695
2021-2022: A1381
2025-2026: A6238

2023-A1951 (ACTIVE) - Summary

Permits the possession and consumption of alcoholic beverages in certain public places; 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 certain public places.

2023-A1951 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1951
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced  by M. of A. CARROLL -- read once and referred to the Commit-
   tee on Economic Development
 
 AN ACT to amend the alcoholic beverage control law and  the  administra-
   tive  code  of  the  city  of  New York, in relation to permitting the
   possession and consumption of alcoholic beverages  in  certain  public
   places

   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 WHICH SHALL ONLY
 INCLUDE ANY PARK, BEACH, BOARDWALK, OR ANY STREET  CLOSED  TO  VEHICULAR
 TRAFFIC FOR THE PURPOSES OF OUTDOOR DINING OR RECREATIONAL ACTIVITY.
   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. Paragraph (b) of subdivision 2 of section 10-125 of the adminis-
 trative code of the city of New York is amended to read as follows:
   b. No person shall drink or consume an alcoholic beverage, or possess,
 with intent to drink or consume, an open container containing  an  alco-
 holic  beverage  in  any  public place except at a block party, feast or
 similar function for which a permit has been obtained OR  AT  ANY  PARK,
 BEACH,  BOARDWALK,  OR  ANY  STREET  CLOSED TO VEHICULAR TRAFFIC FOR THE
 PURPOSES OF OUTDOOR DINING OR RECREATIONAL ACTIVITY.
   § 3. This act shall take effect immediately.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04541-01-3

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