What's happening
This bill increases fines and penalties for unlawful possession of alcoholic beverages with intent to consume in New York.
Why it matters
Significantly increases financial penalties. for unlawful possession of alcohol, raising the minimum and maximum fines (from $50 up to $500 for a first offense, and $500 to $1,000 for repeat offenses), which may serve as a stronger deterrent.
Mandates additional consequences beyond fines. , such as compulsory completion of an alcohol awareness program and/or up to 30 hours of community service, emphasizing rehabilitation and education as part of the penalty.
Applies to possession with intent to consume. , which targets not just sellers or distributors but also individuals—potentially impacting underage drinkers and others who unlawfully possess alcohol, highlighting a shift toward stricter enforcement at the consumer level.
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Who cares
People charged with unlawful alcohol possession with intent to consume
The bill would raise the current $50 maximum fine to $250–$500 for a first offense and $500–$1,000 for subsequent offenses.
Courts handling unlawful alcohol possession charges
Courts could impose the higher fines and would have to require an alcohol awareness program and/or up to 30 hours of community service in addition to any fine.
Alcohol awareness program providers
The bill would make an alcohol awareness program and/or community service a required component of the court’s disposition rather than an optional alternative to a fine.
Headline styles
Raise Alcohol Possession Fines
Plain English, a few words. Used as the page title.
Sponsors
1 Multi-sponsor
History
- Held for consideration in economic development
- Referred to economic development
- Referred to economic development
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2228
2017-2018 Regular Sessions
IN ASSEMBLY
January 17, 2017
Introduced by M. of A. CROUCH -- Multi-Sponsored by -- M. of A. MONTESA- NO -- read once and referred to the Committee on Economic Development
AN ACT to amend the alcoholic beverage control law, in relation to increasing the fine imposed upon any person who unlawfully possesses an alcoholic beverage
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 3 of section 65-c of the alcoholic beverage control law, as amended by chapter 137 of the laws of 2001, is amended to read as follows:
3. Any person who unlawfully possesses an alcoholic beverage with intent to consume may be summoned before and examined by a court having jurisdiction of that charge; provided, however, that nothing contained herein shall authorize, or be construed to authorize, a peace officer as defined in subdivision thirty-three of section 1.20 of the criminal procedure law or a police officer as defined in subdivision thirty-four of section 1.20 of such law to arrest a person who unlawfully possesses an alcoholic beverage with intent to consume. If a determination is made sustaining such charge the court may impose a fine of not less than two hundred fifty dollars and not exceeding [fifty] five hundred dollars [and/or] for the first offense and not less than five hundred dollars and not exceeding one thousand dollars for all subsequent offenses and, in addition to such fine, the court shall require the completion of an alcohol awareness program established pursuant to section 19.25 of the mental hygiene law and/or an appropriate amount of community service not to exceed thirty hours.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04485-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.