Provides that no person who is over the age of twenty-one years who owns, rents or controls a private residence shall permit the consumption of alcoholic beverages by any person, actually or apparently, under the age of twenty-one years who is present at any party, gathering or event on the premises of such person; defines "party, gathering or event" and "permit".
BILL NUMBER: S35
TITLE OF BILL : An act to amend the alcoholic beverage control law, in relation to permitting the consumption of alcoholic beverages by minors
PURPOSE : Prohibits the permitting of the consumption of alcoholic beverages by persons under the age of twenty-one years.
SUMMARY OF PROVISIONS : Section 1. The alcoholic beverage control law is amended by adding a new section 65-e.
Prohibits the consumption of alcoholic beverages by any person under the age of twenty-one years on the premises of a private residence.
Section 2 defines the meaning of "Party, gathering or event" and "Permit" for the purpose of this section.
Section 3 provides consequences for a violation of this section of law as it relates to first time and multiple offenders.
JUSTIFICATION : According to the National Institute on Alcohol Abuse and Alcoholism by the time they reach the eighth grade, nearly 50 percent of adolescents have had at least one drink, and over 20 percent report having been "drunk". Approximately 20 percent of 8th graders and almost 50 percent of 12th graders have consumed alcohol within the past 30 days. Among 12th graders, almost 30 percent report drinking on 3 or more occasions per month. Approximately 30 percent of 12th graders engage in heavy episodic drinking, now popularly termed "binge" drinking-that is, having at least five or more drinks on one occasion within the past 2 weeks-and it is estimated that 20 percent do so on more than one occasion.
Motor vehicle crashes are the leading cause of death among youth ages 15 to 20. The rate of fatal crashes among alcohol-involved drivers between 16 and 20 years old is more than twice the rate for alcohol-involved drivers 21 and older. Alcohol use interacts with conditions such as depression and stress to contribute to suicide, the third leading cause of death among people between the ages of 14 and 25. In one study, 37 percent of eighth grade females who drank heavily reported attempting suicide, compared with 11 percent who did not drink. Sexual assault, including rape, occurs most commonly among women in late adolescence and early adulthood, usually within the context of a date. In one survey, approximately 10 percent of female high school students reported having been raped. Research suggests that alcohol use by the offender, the victim, or both, increases the likelihood of sexual assault by a male acquaintance.
Moreover, research has associated adolescent alcohol use with high-risk sex (for example, having multiple sexual partners and failing to use condoms). The consequences of high-risk sex also are common in this age group, particularly unwanted pregnancy and sexually transmitted diseases, including HIV AIDS. According to a recent study, the link between high-risk sex and drinking is affected by the quantity of alcohol consumed.
People who begin drinking before age 15 are four times more likely to develop alcohol dependence at some time in their lives compared with those who have their first drink at age 20 or older. Some evidence indicates that genetic factors may contribute to the relationship between early drinking and subsequent alcoholism. Environmental factors may also be involved, especially in alcoholic families, where children may start drinking earlier because of easier access to alcohol in the home, family acceptance of drinking, and lack of parental monitoring.
For all of these reasons it is imperative that we provide an extra financial deterrent to such actions above the criminal penalties now enumerated.
EXISTING LAW : None.
LEGISLATIVE HISTORY : 2007: Passed the Senate, 2008: Referred to mental health and developmental disabilities (S.5518/A.7984)
FISCAL IMPLICATIONS : None.
EFFECTIVE DATE : The bill shall take effect on the sixtieth day after it shall have become law.
STATE OF NEW YORK ________________________________________________________________________ 35 2009-2010 Regular Sessions IN SENATE (PREFILED) January 7, 2009 ___________Introduced by Sen. FUSCHILLO -- read twice and ordered printed, and when printed to be committed to the Committee on Mental Health and Develop- mental Disabilities AN ACT to amend the alcoholic beverage control law, in relation to permitting the consumption of alcoholic beverages by minors THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The alcoholic beverage control law is amended by adding a new section 65-e to read as follows: S 65-E. PROHIBITION OF PERMITTING THE CONSUMPTION OF ALCOHOLIC BEVER- AGES BY ANY PERSON UNDER THE AGE OF TWENTY-ONE YEARS. 1. NO PERSON WHO IS OVER THE AGE OF TWENTY-ONE YEARS WHO OWNS, RENTS OR CONTROLS A PRIVATE RESIDENCE SHALL PERMIT THE CONSUMPTION OF ALCOHOLIC BEVERAGES BY ANY PERSON, ACTUALLY OR APPARENTLY, UNDER THE AGE OF TWENTY-ONE YEARS WHO IS PRESENT AT ANY PARTY, GATHERING OR EVENT ON THE PREMISES OF SUCH PERSON. 2. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "PARTY, GATHERING OR EVENT" SHALL MEAN THREE OR MORE PERSONS ASSEMBLED FOR A SOCIAL OCCASION OR ACTIVITY, WHERE AT LEAST ONE OF SUCH PERSONS IS NOT AN OWNER, TENANT OR REGULAR OCCUPANT OF THE PREMISES. (B) "PERMIT" SHALL MEAN FAILING TO TAKE REASONABLE CORRECTIVE ACTION, INCLUDING, BUT NOT LIMITED TO: (A) MAKING A PROMPT DEMAND THAT SUCH PERSON UNDER THE AGE OF TWENTY-ONE YEARS EITHER FORFEIT AND REFRAIN FROM FURTHER CONSUMPTION OF SUCH ALCOHOLIC BEVERAGES OR DEPART FROM THE PREM- ISES OR (B) IF SUCH PERSON UNDER THE AGE OF TWENTY-ONE YEARS FAILS TO COMPLY WITH SUCH REQUEST, EITHER PROMPTLY REPORTING SUCH CONSUMPTION OF ALCOHOL BY A MINOR TO THE LOCAL LAW ENFORCEMENT AGENCY OR TO ANY OTHER PERSON HAVING A GREATER DEGREE OF AUTHORITY OVER THE CONDUCT OF SUCH MINOR.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00975-02-9 S. 35 2
3. A VIOLATION OF SUBDIVISION ONE OF THIS SECTION SHALL BE PUNISHABLE FOR THE FIRST OFFENSE BY A FINE OF TWO HUNDRED FIFTY DOLLARS; FOR THE SECOND OFFENSE BY A FINE OF FIVE HUNDRED DOLLARS; AND FOR THE THIRD OFFENSE AND ANY SUBSEQUENT OFFENSE BY A FINE OF ONE THOUSAND DOLLARS OR IMPRISONMENT FOR A TERM NOT TO EXCEED ONE YEAR OR BY BOTH FINE AND IMPRISONMENT. S 2. This act shall take effect on the sixtieth day after it shall have become a law.