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S783Senate2009-2010 Session

Prohibits licensees for on-premises consumption from serving alcohol while a person under the age of 21 is present

Sponsor James S. AlesiSD-55Affects Legal
Status
In Senate Committee
Investigations And Government Operations
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Investigations And Government Operations

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Who cares

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Sponsors

Primary sponsor
James S. Alesi

Senator · Senate District 55

No co-sponsors yet.

History

  1. Referred to investigations and government operations
  2. Referred to investigations and government operations

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 serving alcoholic beverages on certain premises while persons under the age of twenty-one are present

Purpose

This legislation prohibits an establishment that advertises, promotes or holds any event which is targeted to persons under twenty-one years of age from serving any alcoholic beverage while any person under the age of twenty-one years of age is present.

Summary of legislation

Section 1. Legislative Intent: This legislation intends to prevent underage individuals from accessing alcoholic beverages by prohibiting bars or clubs from serving alcohol while underage patrons are on the premises.

Section 2. Section 106 of the alcoholic beverage control law is amended by adding a new subdivision 16 which prohibits a bar or club from serving any alcoholic beverage on such licensed premises while any person under the age of twenty~one years of age is present on the premises, except if that person is an employee of such bar or club and is performing his I her job functions.

For the purposes of this subdivision the division the terms "bar" and "club" shall include any business establishment open to the public devoted to the sale and service of alcoholic beverages for on-premise consumption and where the service of food is only incidental to the consumption of such beverages. The term "bar" shall not include a bar in a restaurant open to the public.

Furthermore, the provisions of this subdivisions shall not apply to a bona fide hotel, restaurant-brewer licensed in accordance with section 64-c of this chapter, or a cabaret licensed in accordance with section 64-d.

Section 3. Effective Date.

Justification

Many bars and clubs promote "under/over nights" where individuals under twenty-one years of age are allowed to enter a bar or club, but are prohibited from drinking alcoholic beverages. At these events, underage patrons are typically charged an entrance fee and given a bracelet or some other marking to distinguish them from the patrons who are legally able to drink.

Frequently, these "under/over nights" events make it easier for younger teens to gain admission, and in some cases obtain alcoholic beverages once inside the bar or club, either by being served directly or having "legal" friends purchase alcoholic beverages for them. Also, there have been a number of complaints concerning disruptive and violent behavior at some of these establishments.

Consequently, this bill aims at preventing underage individuals from accessing alcoholic beverages by prohibiting bars or clubs from serving alcohol while underage patrons are on the premises.

Prior legislative history

2007-2008 - Investigations, Government Operations

Fiscal implications

None.

Effective date

This act shall take effect on the thirtieth day after it shall have become a law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.