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.
STATE OF NEW YORK
________________________________________________________________________
1951
2023-2024 Regular Sessions
IN ASSEMBLY
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:
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. Paragraph (b) of subdivision 2 of section 10-125 of the adminis-
14 trative code of the 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.
LBD04541-01-3