BILL NUMBER: S289
SPONSOR: RHOADS
 
TITLE OF BILL:
An act to amend the penal law, in relation to expanding the offense of
unlawfully dealing with a child in the second degree
 
PURPOSE:
This legislation increases the age in which a child may enter or remain
in certain establishments which serve alcoholic beverages.
 
SUMMARY OF PROVISIONS:
Subdivision 1 of section 260.21 of the penal law, is amended to raise
the minimum age of entry in certain establishments which alcoholic
beverages are sold or given away from 16 to 18, unless certain circum-
stances are present, such as if the minor is accompanied by a parent,
guardian or an adult authorized by a parent or guardian.
A new subdivision 4 is added further prohibits any minor under the age
of 18 from entering any establishment in which: (1) alcoholic beverages
are exclusively sold, served, or given away at said establishment; and
(2) the majority of the gross square feet of space that is nonresiden-
tial is used for that purpose and where the primary function of said
establishMent is the selling of alcoholic beverages for consumption on
the premises; and (3) said establishment does not have an on-site kitch-
en that is used for the preparation of food items ordered by patrons.
 
JUSTIFICATION:
Protecting one of our most vulnerable populations,' our minors, is
imperative. Underage drinking, and the negative consequences associated
with underage drinking and exposure to alcohol as a minor, are complete-
ly preventable. According to the federal Substance Abuse and Mental
Health Services Administration, alcohol continues to be the most widely
used substance of abuse among American youth, and a higher proportion
use alcohol than tobacco, marijuana, or other drugs. According to Ameri-
can Addiction Centers, more than 70 percent of teens have consumed at
least one alcoholic beverage by the time they reach age 18. Alcohol is
legal to consume in New York at the age of 21; under current law, minors
are not permitted in bars or other establishments that sell alcohol
unless accompanied by a parent or guardian, and children under the age
of 16 are not permitted in such establishments.
This bill seeks to prevent underage drinking and negative consequences
associated with it by raising the minimum age of entry in such estab-
lishments from 16 to 18, unless certain circumstances are present, such
as if the minor is accompanied by a parent, guardian or an adult author-
ized by a parent or guardian. This bill further prohibits any minor
under the age of 18 from entering any establishment in which: (1) alco-
holic beverages are exclusively sold, served, or given away at said
establishment; and (2) the majority of the gross square feet of space
that is nonresidential is used for that purpose and where the primary
function of said establishment is the selling of alcoholic beverages for
consumption on the premises; and (3) said establishment does not have an
on-site kitchen that is used for the preparation of food items ordered
by patrons.
As cited by the federal Substance Abuse and Mental Health Services
Administration, early onset alcohol use is a risk factor for future
problems, including heavier use of alcohol and drugs during adolescence
and alcohol dependence in adulthood. This bill takes an active step
towards preventing underage drinking, and promoting greater public
health and safety.
 
LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS:
None to State.
 
EFFECTIVE DATE:
This act shall take effect immediately.