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, 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; defines "party, gathering or event" and "permit".
STATE OF NEW YORK
________________________________________________________________________
35
2009-2010 Regular Sessions
IN SENATE(Prefiled)
January 7, 2009
___________
Introduced by Sen. FUSCHILLO -- read twice and ordered printed, and when
printed to be committed to the Committee on Mental Health and Develop-
mental Disabilities
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:
1 Section 1. The alcoholic beverage control law is amended by adding a
2 new section 65-e to read as follows:
3 § 65-e. Prohibition of permitting the consumption of alcoholic bever-
4 ages by any person under the age of twenty-one years. 1. No person who
5 is over the age of twenty-one years who owns, rents or controls a
6 private residence shall permit the consumption of alcoholic beverages by
7 any person, actually or apparently, under the age of twenty-one years
8 who is present at any party, gathering or event on the premises of such
9 person.
10 2. For the purposes of this section, the following terms shall have
11 the following meanings:
12 (a) "Party, gathering or event" shall mean three or more persons
13 assembled for a social occasion or activity, where at least one of such
14 persons is not an owner, tenant or regular occupant of the premises.
15 (b) "Permit" shall mean failing to take reasonable corrective action,
16 including, but not limited to: (a) making a prompt demand that such
17 person under the age of twenty-one years either forfeit and refrain from
18 further consumption of such alcoholic beverages or depart from the prem-
19 ises or (b) if such person under the age of twenty-one years fails to
20 comply with such request, either promptly reporting such consumption of
21 alcohol by a minor to the local law enforcement agency or to any other
22 person having a greater degree of authority over the conduct of such
23 minor.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00975-02-9
S. 35 2
1 3. A violation of subdivision one of this section shall be punishable
2 for the first offense by a fine of two hundred fifty dollars; for the
3 second offense by a fine of five hundred dollars; and for the third
4 offense and any subsequent offense by a fine of one thousand dollars or
5 imprisonment for a term not to exceed one year or by both fine and
6 imprisonment.
7 § 2. This act shall take effect on the sixtieth day after it shall
8 have become a law.
