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Active List: Jun 22, 2011 , Floor Calendar: Jun 22, 2011

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Memo

BILL NUMBER:S1880B

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.

 

Text

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