Bill S783-2009

Prohibits licensees for on-premises consumption from serving alcohol while a person under the age of 21 is present

Prohibits licensees for on-premises consumption which are bars and clubs and which advertise, promote or hold any event which is targeted to persons under the age of 21, from serving alcohol while a person under the age of 21 is present; provides exceptions, including if such person is an employee; exempts certain businesses from such prohibition.

Details

Actions

  • Jan 6, 2010: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • Jan 15, 2009: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Memo

 BILL NUMBER:  S783

TITLE OF BILL : An act to amend the alcoholic beverage control law, in relation to serving alcoholic beverages on certain premises while persons under the age of twenty-one are present

PURPOSE : This legislation prohibits an establishment that advertises, promotes or holds any event which is targeted to persons under twenty-one years of age from serving any alcoholic beverage while any person under the age of twenty-one years of age is present.

SUMMARY OF LEGISLATION : Section 1. Legislative Intent: This legislation intends to prevent underage individuals from accessing alcoholic beverages by prohibiting bars or clubs from serving alcohol while underage patrons are on the premises.

Section 2. Section 106 of the alcoholic beverage control law is amended by adding a new subdivision 16 which prohibits a bar or club from serving any alcoholic beverage on such licensed premises while any person under the age of twenty~one years of age is present on the premises, except if that person is an employee of such bar or club and is performing his I her job functions.

For the purposes of this subdivision the division the terms "bar" and "club" shall include any business establishment open to the public devoted to the sale and service of alcoholic beverages for on-premise consumption and where the service of food is only incidental to the consumption of such beverages. The term "bar" shall not include a bar in a restaurant open to the public.

Furthermore, the provisions of this subdivisions shall not apply to a bona fide hotel, restaurant-brewer licensed in accordance with section 64-c of this chapter, or a cabaret licensed in accordance with section 64-d.

Section 3. Effective Date.

JUSTIFICATION : Many bars and clubs promote "under/over nights" where individuals under twenty-one years of age are allowed to enter a bar or club, but are prohibited from drinking alcoholic beverages. At these events, underage patrons are typically charged an entrance fee and given a bracelet or some other marking to distinguish them from the patrons who are legally able to drink.

Frequently, these "under/over nights" events make it easier for younger teens to gain admission, and in some cases obtain alcoholic beverages once inside the bar or club, either by being served directly or having "legal" friends purchase alcoholic beverages for them. Also, there have been a number of complaints concerning disruptive and violent behavior at some of these establishments.

Consequently, this bill aims at preventing underage individuals from accessing alcoholic beverages by prohibiting bars or clubs from serving alcohol while underage patrons are on the premises.

PRIOR LEGISLATIVE HISTORY : 2007-2008 - Investigations, Government Operations

FISCAL IMPLICATIONS : None.

EFFECTIVE DATE : This act shall take effect on the thirtieth day after it shall have become a law.

Text

STATE OF NEW YORK ________________________________________________________________________ 783 2009-2010 Regular Sessions IN SENATE January 15, 2009 ___________
Introduced by Sen. ALESI -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment Operations AN ACT to amend the alcoholic beverage control law, in relation to serv- ing alcoholic beverages on certain premises while persons under the age of twenty-one are present THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative intent. The legislature hereby finds that many bars and clubs promote "under/over nights" where individuals under twenty-one years of age (i.e., the legal drinking age) may attend but not drink alcoholic beverages. At these events, underage patrons are typically charged a cover charge and given a bracelet or some other marking to distinguish them from the patrons who are legally able to drink. The legislature further finds that permitting underage persons to patronize bars or clubs often makes it easier for younger teenagers to gain admission, and in some cases obtain alcoholic beverages once inside the bar or club, either by being served directly or having "legal" friends purchase alcoholic beverages for them. In addition, the legislature finds that there have been complaints of disruptive and violent behavior at some of these establishments. Consequently, the legislature finds that those establishments that permit patrons under the legal drinking age for "under/over nights" should do so only when alcoholic beverages are not being served. S 2. Section 106 of the alcoholic beverage control law is amended by adding a new subdivision 16 to read as follows: 16. NO RETAIL LICENSEE FOR ON-PREMISES CONSUMPTION WHICH IS A BAR OR CLUB AND WHICH ADVERTISES, PROMOTES OR HOLDS ANY EVENT WHICH IS TARGETED TO PERSONS UNDER TWENTY-ONE YEARS OF AGE, SHALL SERVE ANY ALCOHOLIC BEVERAGE ON SUCH LICENSED PREMISES WHILE ANY PERSON UNDER THE AGE OF TWENTY-ONE SHALL BE PRESENT ON SUCH PREMISES, EXCEPT IF SUCH PERSON IS
AN EMPLOYEE OF SUCH BAR OR CLUB ACTING IN HIS OR HER CAPACITY AS AN EMPLOYEE. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO A BONA FIDE HOTEL, A RESTAURANT-BREWER LICENSED IN ACCORDANCE WITH SECTION SIXTY-FOUR-C OF THIS CHAPTER, OR A CABARET LICENSED IN ACCORDANCE WITH SECTION SIXTY-FOUR-D OF THIS CHAPTER. FOR THE PURPOSES OF THIS SUBDIVISION THE TERMS "BAR" AND "CLUB" SHALL INCLUDE ANY BUSINESS ESTABLISHMENT OPEN TO THE PUBLIC DEVOTED TO THE SALE AND SERVICE OF ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION AND WHERE THE SERVICE OF FOOD IS ONLY INCIDENTAL TO THE CONSUMPTION OF SUCH BEVERAGES. SERVICES OF FOOD SHALL BE CONSIDERED INCIDENTAL IF THE FOOD SERVICE GENERATES LESS THAN FORTY PERCENT OF TOTAL ANNUAL GROSS SALES. THE TERM "BAR" SHALL NOT INCLUDE A BAR IN A RESTAURANT OPEN TO THE PUBLIC WHICH IS DEVOTED TO THE SALE AND SERVICE OF ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION AND SUCH RESTAURANT GENERATES FORTY PERCENT OR MORE OF ITS TOTAL ANNUAL GROSS SALES FROM THE SALE OF FOOD FOR ON-PREMISES CONSUMPTION. S 3. This act shall take effect on the thirtieth day after it shall have become a law.

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