S1880-2011 - NY Senate Open Legislation - Relates to penalties for sale of alcohol to minors and increases penalties for the sale of alcohol without the appropriate license

Establishes penalties for persons who sell alcohol to persons under the age of twenty-one years; increases fines and length of imprisonment for the sale of alcoholic beverages without having the appropriate wine/beer/liquor license; increases penalties for sale to minors, loss of barbering license.

Sponsor: ESPAILLAT / Co-sponsor(s): ADAMS, SERRANO
Law Section: General Business Law / Law: Amd S441, Gen Bus L; amd S130, ABC L

S1880-2011 Actions

Jun 22, 2011: SUBSTITUTED BY A6324B
Jun 21, 2011: AMENDED ON THIRD READING 1880B
Jun 21, 2011: AMENDED ON THIRD READING 1880A
Jun 21, 2011: VOTE RECONSIDERED - RESTORED TO THIRD READING
Jun 21, 2011: returned to senate
Jun 21, 2011: RECALLED FROM ASSEMBLY
Jun 17, 2011: referred to codes
Jun 17, 2011: RETURNED TO ASSEMBLY
Jun 17, 2011: DELIVERED TO ASSEMBLY
Jun 17, 2011: REPASSED SENATE
Jun 17, 2011: PASSED SENATE
Jun 13, 2011: AMENDED ON THIRD READING (T) 1880A
Jun 13, 2011: VOTE RECONSIDERED - RESTORED TO THIRD READING
Jun 10, 2011: returned to senate
Jun 10, 2011: RECALLED FROM ASSEMBLY
Jun 6, 2011: referred to economic development
Jun 6, 2011: DELIVERED TO ASSEMBLY
Jun 6, 2011: PASSED SENATE
Mar 16, 2011: ADVANCED TO THIRD READING
Mar 15, 2011: 2ND REPORT CAL.
Mar 14, 2011: 1ST REPORT CAL.220
Feb 23, 2011: COMMITTEE DISCHARGED AND COMMITTED TO ALCOHOLISM AND DRUG ABUSE
Jan 13, 2011: REFERRED TO CONSUMER PROTECTION

S1880-2011 Meetings

Alcoholism and Drug Abuse: Mar 14, 2011

S1880-2011 Calendars

S1880-2011 Votes

VOTE: COMMITTEE VOTE: - Alcoholism and Drug Abuse - Mar 14, 2011

Ayes (5): Bonacic, McDonald, Klein, Huntley, Breslin
Ayes W/R (1): Hannon

VOTE: FLOOR VOTE: - Jun 6, 2011

Ayes (61): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thompson, Huntley, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousins, Valesky, Young, Zeldin
Absent (1): Parker

S1880-2011 Memo

BILL NUMBER:S1880

TITLE OF BILL:
An act
to amend the general business law and the alcoholic beverage control
law,
in relation to establishing
penalties for persons who sell alcohol to persons under the age of
twenty-one years and increasing fines and length of imprisonment for the
sale of alcoholic beverages without having the appropriate license

PURPOSE:
The purpose of this bill is to deter businesses from selling alcohols
to persons under 21 years of age. Penalties associated with selling
alcohol to minors and selling alcohol without a license have been
increased to address this problem.

SUMMARY OF PROVISIONS:
Section 1: Adds a new subdivision (10) to section 441(a} of the
general business law that expands the grounds for revocation of a
barber's license to include selling, giving, or delivering alcohol to
a person under 21 years of age.

Section 2: Amends subdivision 1 of section 130 of the alcoholic
beverage control law to increase penalties for those who manufacture
or sell alcoholic beverages without having the appropriate license,
or with a revoked or suspended license.

Section 3: Sets the effective date 120 days after it shall become law.

JUSTIFICATION:
Recent investigations have found that several barbershops, bodegas and
other stores are selling illegal and potent alcoholic beverages to
minors as young as 14. These businesses, which do not have the
appropriate license to sell alcohol, mix hard alcohol with very
sugary, colorful drinks and candy in an attempt to market the drink
to minors. The increased penalties proposed in this bill will deter
the unlicensed selling of alcohol to minors.

LEGISLATIVE HISTORY:
This is a new bill.

CURRENT LAW:
Section 44l(a) of the general business law does not list selling alcohol
to those under 21 years of age as grounds for revocation of a barber
shop license. Section 130 currently makes it a misdemeanor to sell
alcoholic beverages without the appropriate license and has
increasing penalties for 1st, 2nd, and subsequent convictions.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This bill would be effective 120 days after passage.

S1880-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                          1880
 2011-2012 Regular Sessions
 I N  SENATE
 January 13, 2011
 
 Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
 printed to be committed to the Committee on Consumer Protection
 AN  ACT  to  amend  the  general business law and the alcoholic beverage
 control law, in relation to establishing  penalties  for  persons  who
 sell alcohol to persons under the age of twenty-one years and increas
 ing  fines and length of imprisonment for the sale of alcoholic bever
 ages without having the appropriate license
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1. Subdivision (a) of section 441 of the general business law
 is amended by adding a new paragraph 10 to read as follows:

 10. CONVICTION UNDER SUBDIVISION TWO OF SECTION 260.20  OF  THE  PENAL
 LAW  OR  SUBDIVISION ONE OF SECTION SIXTY-FIVE OF THE ALCOHOLIC BEVERAGE
 CONTROL LAW.
 

S 2. Subdivision 1 of section 130 of the  alcoholic  beverage  control
 law,  as  amended by chapter 750 of the laws of 1982, is amended to read
 as follows:

 1. Any person who manufactures for sale or sells alcoholic  beverages,
 other  than  the  illicit  alcoholic beverages as defined in section one
 hundred fifty OF THIS CHAPTER, without  having  an  appropriate  license
 therefor,  or  whose license has been revoked, surrendered or cancelled,
 shall be guilty of a misdemeanor,  and  upon  first  conviction  thereof
 shall  be punished by a fine not more than [two] THREE times the cost of
 a special on premises license in the county where the unlawful act  took
 place  or by imprisonment in a county jail or penitentiary for a term of
 not less than [thirty] SIXTY days nor more than one  year  or  both  and
 upon second conviction thereof shall be punished by a fine not less than
 [two]  THREE  times  and  not more than [three] FOUR times the cost of a
 special on premises license in the county where the  unlawful  act  took
 place  or by imprisonment in a county jail or penitentiary for a term of
 not less than [thirty] SIXTY days nor more than one  year  or  both  and
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05823-01-1
        S. 1880                             2
 upon  all subsequent convictions thereof shall be punished by a fine not
 less than [three] FOUR times and not more than  [four]  FIVE  times  the
 cost  of  a special on premises license in the county where the unlawful
 act took place or by imprisonment in a county jail or penitentiary for a
 term of not less than [thirty] SIXTY days nor more than one year or both
 provided,  however, that in default of payment of any fine imposed, such
 person shall be imprisoned in a county jail or penitentiary for  a  term
 of not less than [thirty] SIXTY days.
 

S 3. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.

S1880-2011: Relates to penalties for sale of alcohol to minors and increases penalties for the sale of alcohol without the appropriate license