S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   783

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01752-01-9
              

S. 783                              2

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.