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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6238
SPONSOR: Carroll R TITLE OF BILL:
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
PURPOSE OR GENERAL IDEA OF BILL:
To make it lawful for a person to possess an open container of alcohol
and consume alcohol in certain public places.
SUMMARY OF PROVISIONS:
Section 1 defines the term "public space" within the context of this
bill and makes it lawful for a person to possess and drink from an open
container of alcohol in such public spaces. Public spaces for the
purposes of this bill are limited to parks, beaches boardwalks, and
streets closed to vehicular traffic for outdoor dining or recreational
activity.
Section 2 amends section 10-125 of the administrative code of the city
of New York.
Section 3 sets an effective date.
JUSTIFICATION:
In many places throughout the world, open consumption of alcohol is
permitted. In New York the police and others turn a blind eye if the
imbiber is drinking a glass of wine while listening to the New York
Philharmonic on the great lawn in Central Park, but if you're a young
person on the beach at Coney Island drinking a beer you can get a tick-
et. This bill won't mean you can drink and drive nor will it allow
people to be disorderly, but will allow people to responsibly and legal-
ly have a drink in certain public places. This will bring consistency
and fairness to our open container laws and help reduce the potential
for discriminatory enforcement.
PRIOR LEGISLATIVE HISTORY:
A.10695/S.8675 of 2019-20
A.1381A/S.6831 of 2021-22
A.1951 of 2023-24
FISCAL IMPLICATIONS:
None to state
EFFECTIVE DATE:
Immediately
STATE OF NEW YORK
________________________________________________________________________
6238
2025-2026 Regular Sessions
IN ASSEMBLY
February 27, 2025
___________
Introduced by M. of A. R. CARROLL -- read once and referred to the
Committee 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:
1 Section 1. The alcoholic beverage control law is amended by adding a
2 new section 132 to read as follows:
3 § 132. Consumption of alcoholic beverages in a public place. 1. For
4 the purposes of this section, "public place" shall mean a place to which
5 the public or a substantial group of persons has access which shall only
6 include any park, beach, boardwalk, or any street closed to vehicular
7 traffic for the purposes of outdoor dining or recreational activity.
8 2. No municipality shall prohibit a person twenty-one years of age or
9 older from possessing an alcoholic beverage in an open container in a
10 public place and from consuming an alcoholic beverage in a public place,
11 except as prohibited in section one thousand two hundred twenty-seven of
12 the vehicle and traffic law.
13 § 2. Subdivision b of section 10-125 of the administrative code of the
14 city of New York is amended to read as follows:
15 b. No person shall drink or consume an alcoholic beverage, or possess,
16 with intent to drink or consume, an open container containing an alco-
17 holic beverage in any public place except at a block party, feast or
18 similar function for which a permit has been obtained or at any park,
19 beach, boardwalk, or any street closed to vehicular traffic for the
20 purposes of outdoor dining or recreational activity.
21 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08583-01-5
