Bill Text: NY S00783 | 2009-2010 | General Assembly | Introduced

New York Senate Bill 783 (Prior Session Legislation)

Introduced

Bill Title: 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.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S00783 Detail]

Download: New_York-2009-S00783-Introduced.html

                           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:
    1    Section 1.  Legislative intent.   The legislature  hereby  finds  that
    2  many  bars and clubs promote "under/over nights" where individuals under
    3  twenty-one years of age (i.e., the legal drinking age)  may  attend  but
    4  not  drink  alcoholic  beverages.  At these events, underage patrons are
    5  typically charged a cover charge and given  a  bracelet  or  some  other
    6  marking  to  distinguish  them  from the patrons who are legally able to
    7  drink.  The legislature further finds that permitting  underage  persons
    8  to  patronize  bars or clubs often makes it easier for younger teenagers
    9  to gain admission, and in some cases  obtain  alcoholic  beverages  once
   10  inside  the  bar  or  club,  either  by  being served directly or having
   11  "legal" friends purchase alcoholic beverages for them. In addition,  the
   12  legislature  finds  that  there  have  been complaints of disruptive and
   13  violent behavior at some  of  these  establishments.  Consequently,  the
   14  legislature  finds  that  those establishments that permit patrons under
   15  the legal drinking age for "under/over nights" should do  so  only  when
   16  alcoholic beverages are not being served.
   17    S  2.  Section 106 of the alcoholic beverage control law is amended by
   18  adding a new subdivision 16 to read as follows:
   19    16. NO RETAIL LICENSEE FOR ON-PREMISES CONSUMPTION WHICH IS A  BAR  OR
   20  CLUB AND WHICH ADVERTISES, PROMOTES OR HOLDS ANY EVENT WHICH IS TARGETED
   21  TO  PERSONS  UNDER  TWENTY-ONE  YEARS  OF AGE, SHALL SERVE ANY ALCOHOLIC
   22  BEVERAGE ON SUCH LICENSED PREMISES WHILE ANY PERSON  UNDER  THE  AGE  OF
   23  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
    1  AN EMPLOYEE OF SUCH BAR OR CLUB ACTING IN HIS  OR  HER  CAPACITY  AS  AN
    2  EMPLOYEE.  THE  PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO A BONA
    3  FIDE HOTEL, A RESTAURANT-BREWER  LICENSED  IN  ACCORDANCE  WITH  SECTION
    4  SIXTY-FOUR-C  OF  THIS CHAPTER, OR A CABARET LICENSED IN ACCORDANCE WITH
    5  SECTION SIXTY-FOUR-D OF THIS CHAPTER.
    6    FOR THE PURPOSES OF THIS SUBDIVISION THE TERMS "BAR" AND "CLUB"  SHALL
    7  INCLUDE  ANY  BUSINESS  ESTABLISHMENT  OPEN TO THE PUBLIC DEVOTED TO THE
    8  SALE AND SERVICE OF ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION  AND
    9  WHERE  THE SERVICE OF FOOD IS ONLY INCIDENTAL TO THE CONSUMPTION OF SUCH
   10  BEVERAGES. SERVICES OF FOOD SHALL BE CONSIDERED INCIDENTAL IF  THE  FOOD
   11  SERVICE  GENERATES  LESS THAN FORTY PERCENT OF TOTAL ANNUAL GROSS SALES.
   12  THE TERM "BAR" SHALL NOT INCLUDE A BAR  IN  A  RESTAURANT  OPEN  TO  THE
   13  PUBLIC  WHICH  IS DEVOTED TO THE SALE AND SERVICE OF ALCOHOLIC BEVERAGES
   14  FOR ON-PREMISES CONSUMPTION AND SUCH RESTAURANT GENERATES FORTY  PERCENT
   15  OR  MORE  OF  ITS  TOTAL  ANNUAL  GROSS  SALES FROM THE SALE OF FOOD FOR
   16  ON-PREMISES CONSUMPTION.
   17    S 3. This act shall take effect on the thirtieth day  after  it  shall
   18  have become a law.