Expands the offense of unlawfully dealing with a child in the second degree to include allowing a child less than eighteen years old to enter or remain in an establishment that serves alcohol and does not have an on-site kitchen.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1531
SPONSOR: Mikulin TITLE OF BILL:
An act to amend the penal law, in relation to expanding the offense of
unlawfully dealing with a child in the second degree
PURPOSE::
This legislation increases the age in which a child may enter or remain
in certain establishments which serve alcoholic beverages.
SUMMARY OF SPECIFIC PROVISIONS::
Subdivision 1 of section 260.21 of the penal law, is amended to raise
the minimum age of entry in certain establishments which alcoholic
beverages are sold or given away from 16 to 18, unless certain circum-
stances are present, such as if the minor is accompanied by a parent,
guardian or an adult authorized by a parent or guardian.
A new subdivision 4 is added further prohibits any minor under the age
of 18 from entering any establishment in which: (1) alcoholic beverages
are exclusively sold, served, or given away at said establishment; and
(2) the majority of the gross square feet of space that is nonresiden-
tial is used for that purpose and where the primary function of said
establishment is the selling of alcoholic beverages for consumption on
the premises; and (3) said establishment does not have an on-site kitch-
en that is used for the preparation of food items ordered by patrons.
JUSTIFICATION::
Protecting one of our most vulnerable populations,' our minors, is
imperative. Underage drinking, and the negative consequences associated
with underage drinking and exposure to alcohol as a minor, are complete-
ly preventable. According to the federal Substance Abuse and Mental
Health Services Administration, alcohol continues to be the most widely
used substance of abuse among American youth, and a higher proportion
use alcohol than tobacco, marijuana, or other drugs. According to Ameri-
can Addiction Centers, more than 70 percent of teens have consumed at
least one alcoholic beverage by the time they reach age 18. Alcohol is
legal to consume In New York at the age of 21; under current law, minors
are not permitted in bars or other establishments that sell alcohol
unless accompanied by a parent or guardian, and children under the age
of 16 are not permitted in such establishments.
This bill seeks to prevent underage drinking and negative consequences
associated with it by raising the minimum age of entry in such estab-
lishments from 16 to 18, unless certain circumstances are present, such
as if the minor is accompanied by a parent, guardian or an adult author-
ized by a parent or guardian. This bill further prohibits any minor
under the age of 18 from entering any establishment in which: (1) alco-
holic beverages are exclusively sold, served, or given away at said
establishment; and (2) the majority of the gross square feet of space
that is nonresidential is used for that purpose and where the primary
function of said establishment is the selling of alcoholic beverages for
consumption on the premises; and (3) said establishment does not have an
on-site kitchen that is used for the preparation of food items ordered
by patrons.
As cited by the federal Substance Abuse and Mental Health Services
Administration, early onset alcohol use is a risk factor for future
problems, including heavier use of alcohol and drugs during adolescence
and alcohol dependence in adulthood. This bill takes an active step
towards preventing underage drinking, and promoting greater public
health and safety.
LEGISLATIVE HISTORY::
2024: A6946 Held for consideration in Codes
FISCAL IMPLICATIONS::
None to State.
EFFECTIVE DATE::
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
1531
2025-2026 Regular Sessions
IN ASSEMBLY
January 10, 2025
___________
Introduced by M. of A. MIKULIN -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the penal law, in relation to expanding the offense of
unlawfully dealing with a child in the second degree
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 260.21 of the penal law, as added by chapter 362 of
2 the laws of 1992, the opening paragraph of subdivision 1 as amended by
3 chapter 478 of the laws of 1996 and subdivision 3 as amended by chapter
4 100 of the laws of 2019, is amended to read as follows:
5 § 260.21 Unlawfully dealing with a child in the second degree.
6 A person is guilty of unlawfully dealing with a child in the second
7 degree when:
8 1. Being an owner, lessee, manager or employee of a place where alco-
9 holic beverages are sold or given away, [he] such person permits a
10 child less than [sixteen] eighteen years old to enter or remain in such
11 place unless:
12 (a) The child is accompanied by [his] such child's parent, guardian or
13 an adult authorized by a parent or guardian; or
14 (b) The entertainment or activity is being conducted for the benefit
15 or under the auspices of a non-profit school, church or other educa-
16 tional or religious institution; or
17 (c) Otherwise permitted by law to do so; or
18 (d) The establishment is closed to the public for a specified period
19 of time to conduct an activity or entertainment, during which the child
20 is in or remains in such establishment, and no alcoholic beverages are
21 sold, served, given away or consumed at such establishment during such
22 period. The state liquor authority shall be notified in writing by the
23 licensee of such establishment, of the intended closing of such estab-
24 lishment, to conduct any such activity or entertainment, not less than
25 ten days prior to any such closing; or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00198-01-5
A. 1531 2
1 2. [He] such person marks the body of a child less than eighteen years
2 old with indelible ink or pigments by means of tattooing; or
3 3. [He or she] Such person sells or causes to be sold tobacco in any
4 form to a child less than twenty-one years old; or
5 4. Being an owner, lessee, manager or employee of an establishment,
6 such person permits a child less than eighteen years old to enter or
7 remain in such establishment, provided that:
8 (a) alcoholic beverages are exclusively sold, served, or given away at
9 said establishment; and
10 (b) the majority of the gross square feet of space that is nonresiden-
11 tial is used for that purpose and where the primary function of said
12 establishment is the selling of alcoholic beverages for consumption on
13 the premises; and
14 (c) said establishment does not have an on-site kitchen that is used
15 for the preparation of food items ordered by patrons.
16 It is no defense to a prosecution pursuant to subdivision three of
17 this section that the child acted as the agent or representative of
18 another person or that the defendant dealt with the child as such.
19 Unlawfully dealing with a child in the second degree is a class B
20 misdemeanor.
21 § 2. This act shall take effect on the first of November next
22 succeeding the date upon which it shall have become a law.
