Establishes penalties for licensed barbers who sell alcohol to persons under the age of twenty-one years, including the loss of barbering license.
TITLE OF BILL: An act to amend the general business law, in relation to establishing penalties for licensed barbers who sell alcohol to persons under the age of twenty-one years
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 441(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.
STATE OF NEW YORK ________________________________________________________________________ 1880--B Cal. No. 220 2011-2012 Regular Sessions IN SENATE January 13, 2011 ___________Introduced by Sens. ESPAILLAT, ADAMS, SERRANO -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection -- committee discharged and said bill committed to the Committee on Alcoholism and Drug Abuse -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, passed by Senate and delivered to the Assembly, recalled, vote reconsidered, restored to third reading, amended and ordered reprinted, retaining its place in the order of third reading -- passed by Senate and delivered to the Assembly, recalled, vote reconsidered, restored to third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the general business law, in relation to establishing penalties for licensed barbers who sell alcohol to persons under the age of twenty-one years 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 ONE OF SECTION SIXTY-FIVE OF THE ALCOHOLIC BEVERAGE CONTROL LAW WHERE SUCH CONVICTION WAS FOR THE SALE OF ALCOHOL TO A PERSON ACTUALLY UNDER THE AGE OF TWENTY-ONE AND THE OFFENSE OCCURRED AT THE BARBER'S PLACE OF BUSINESS. S 2. This act shall take effect on the one hundred twentieth day after it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05823-07-1