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History
- Referred to mental health and developmental disabilities
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Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Provides that the sale of an alcoholic beverage by an on-premises licensee to a visibly intoxicated person shall be punishable as a felony
In Assembly Committee · Economic Development · Sponsor David Townsend
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the alcoholic beverage control law, in relation to the penalty for the illegal sale of an alcoholic beverage to a visibly intoxicated person
Purpose
To make the selling of alcoholic beverages to any visibly intoxicated person by any person acting under the authority of a license or permit to sell alcoholic beverages for consumption on the premises, a felony.
Summary of provisions
Section one amends section 65 of the Alcoholic Beverage Control Law by adding a new subdivision 7 that would make the selling of alcoholic beverages to any visibly intoxicated person by any person acting under the authority of a license or permit to sell alcoholic beverages for consumption on the premises, a felony. Section two is the effective date.
Existing law
Currently, it is a misdemeanor for any person to sell, deliver, or give away any alcoholic beverages to any visibly intoxicated person. This bill would make the selling of alcoholic beverages to any visibly intoxicated person by any person acting under the authority of a license or permit to sell alcoholic beverages for consumption on the premises, a felony.
Justification
Currently, it is a misdemeanor for anyone to sell, deliver, or give away any alcoholic beverages to any visibly intoxicated person. In addition, the General Obligations Law contains provisions regarding the civil liability of bartenders in cases where they have served alcohol to visibly intoxicated individuals and injury or death occur as a result of actions by the intoxicated individual (The DramShop Law). However, on occasion visibly intoxicated individuals have been served alcohol and have either been killed or injured, or have killed or injured others. A misdemeanor and/or civil devastating effects of alcohol related mishaps, especially when a bartender contributes to the situation by serving alcohol to a visibly intoxicated person. This bill would make the selling of alcoholic beverages to any visibly intoxicated person by any person acting under the authority of a license or permit to sell alcoholic beverages for consumption on the premises, a felony.
Legislative history
2007-2008 A.3322, 2005-2006 A.4429, 2003-2004, A.3562, 2002 A.9616,
Fiscal implications
None.
Effective date
The first of November after it shall become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.