Relates to unlawful permission of the consumption of alcoholic beverages by a person who is less than 21 years old

Title of bill

An act to amend the penal law, in relation to unlawfully permitting the consumption of alcoholic beverages by a person less than twenty-one years old

Purpose

This bill would establish the violation of unlawfully permitting the consumption of alcoholic beverages by a person less than 2 I years old.

Summary of provisions

Section 1 of the bill would add a new Penal Law § 260.23 to prohibit a person over the age of 18 from unlawfully permitting alcohol consumption by any person under the age of 21 during a social occasion, party or event taking place on property such person owns, leases, or otherwise controls. This section also provides that violators must attend an alcohol awareness program approved by the Office of Alcoholism and Substance Abuse Services (OASAS). In addition, this section provides that this bill will not be deemed to preempt any local government from enacting and enforcing a local law or ordinance containing more restrictive requirements.

Section 2 of the bill would provide for an effective date of 60 days after enactment.

Existing law

Currently there is no existing New York State law providing for social host liability. However, a number of localities and several counties have passed social host legislation.

Legislative history

A bill containing similar provisions was introduced in the 2008 session (A.10813A/S.7577-A), passed the Senate and was referred to the Assembly Codes Committee.

Statement in support

Social gatherings at private premises where alcoholic beverages are served to or consumed by persons under age 21 often have harmful consequences for young people and threaten the public welfare, health and safety. In response to the devastating consequences of underage drinking, such as traffic crashes and fatalities, sexual assault and other forms of violence, local governments have begun enacting strategies to reduce underage consumption. In particular, social host liability laws target the location in which underage drinking takes place.

A 2005 survey of teenagers aged 13 to 18 conducted by the American Medical Association (AMA) found that nearly half of teenagers surveyed reported having obtained alcohol; two out of three teenagers said that it was easy to get alcohol from their homes without their parents knowledge; one-third of teenagers reported that it was easy to obtain alcohol from their own consenting parents; two out of five teenagers said that it was easy to obtain alcohol from a friend's parents; and one in four teenagers responded that they had attended a party where minors were drinking in front of parents.

Establishing this violation would provide consistency across localities and create . an important tool necessary to combat underage drinking and its devastating effects.

Budget implications

This proposal has no fiscal implications.

Effective date

This bill would take effect 60 days after enactment.