Senate Bill S2659

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

                                  2659

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 26, 2009
                               ___________

Introduced  by  Sen.  VOLKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law, the alcoholic beverage control  law,  the
  administrative code of the city of New York, the general city law, the
  general  municipal law and the vehicle and traffic law, in relation to
  the unlawful sale of alcohol to an underage person

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 260.20 of the penal law, as amended by chapter 362
of the laws of 1992, is amended to read as follows:
S 260.20 Unlawfully dealing with a child in the first degree.
  A person is guilty of unlawfully dealing with a  child  in  the  first
degree when[:
  1.  He]  HE  OR SHE knowingly permits a child less than eighteen years
old to enter or remain in or upon a  place,  premises  or  establishment
where  sexual  activity  as  defined  by article one hundred thirty, two
hundred thirty or two hundred sixty-three of this  chapter  or  activity
involving controlled substances as defined by article two hundred twenty
of this chapter or involving marihuana as defined by article two hundred
twenty-one  of  this  chapter  is maintained or conducted, and he OR SHE
knows or has reason to know that such activity is  being  maintained  or
conducted[; or
  2.  He  gives  or  sells  or  causes to be given or sold any alcoholic
beverage, as defined by section three of the alcoholic beverage  control
law, to a person less than twenty-one years old; except that this subdi-
vision does not apply to the parent or guardian of such a person or to a
person  who gives or causes to be given any such alcoholic beverage to a
person under the age of twenty-one years, who is a student in a  curric-
ulum licensed or registered by the state education department, where the
tasting  or  imbibing of alcoholic beverages is required in courses that
are part of the required curriculum, provided such  alcoholic  beverages

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09495-01-9
              

S. 2659                             2

are  given  only  for  instructional  purposes  during classes conducted
pursuant to such curriculum.
  It  is no defense to a prosecution pursuant to subdivision two of this
section that the child acted as the agent or representative  of  another
person or that the defendant dealt with the child as such].
  Unlawfully  dealing  with  a  child  in  the first degree is a class A
misdemeanor.
  S 2. The penal law is amended by adding a new section 260.22  to  read
as follows:
S 260.22 UNLAWFUL SALE OF ALCOHOL TO AN UNDERAGE PERSON.
  A  PERSON  IS GUILTY OF UNLAWFUL SALE OF ALCOHOL TO AN UNDERAGE PERSON
WHEN HE OR SHE GIVES OR SELLS OR CAUSES TO BE GIVEN OR SOLD ANY ALCOHOL-
IC BEVERAGE, AS DEFINED BY  SECTION  THREE  OF  THE  ALCOHOLIC  BEVERAGE
CONTROL  LAW,  TO  A  PERSON LESS THAN TWENTY-ONE YEARS OLD; EXCEPT THAT
THIS SECTION DOES NOT APPLY TO THE PARENT OR GUARDIAN OF SUCH  A  PERSON
OR TO A PERSON WHO GIVES OR CAUSES TO BE GIVEN ANY SUCH ALCOHOLIC BEVER-
AGE TO A PERSON UNDER THE AGE OF TWENTY-ONE YEARS, WHO IS A STUDENT IN A
CURRICULUM  LICENSED  OR  REGISTERED  BY THE STATE EDUCATION DEPARTMENT,
WHERE THE TASTING OR IMBIBING OF  ALCOHOLIC  BEVERAGES  IS  REQUIRED  IN
COURSES THAT ARE PART OF THE REQUIRED CURRICULUM, PROVIDED SUCH ALCOHOL-
IC  BEVERAGES  ARE  GIVEN ONLY FOR INSTRUCTIONAL PURPOSES DURING CLASSES
CONDUCTED PURSUANT TO SUCH CURRICULUM. IT IS NO DEFENSE TO A PROSECUTION
PURSUANT TO THIS SECTION THAT THE UNDERAGE PERSON ACTED AS THE AGENT  OR
REPRESENTATIVE  OF  ANOTHER  PERSON OR THAT THE DEFENDANT DEALT WITH THE
UNDERAGE PERSON AS SUCH.
  UNLAWFUL SALE OF ALCOHOL TO AN UNDERAGE PERSON IS A CLASS A  MISDEMEA-
NOR.
  S  3.  Section 260.30 of the penal law, as added by chapter 600 of the
laws of 1998, is renumbered section 260.40.
  S 4. Subdivision 3 of section 105-c of the alcoholic beverage  control
law,  as  amended by chapter 274 of the laws of 2004, is amended to read
as follows:
  3. Prior to the retail sale of beer in bulk by the keg for off-premis-
es consumption, the retail licensee shall cause the purchaser thereof to
sign a statement promulgated by the authority attesting under the penal-
ty of perjury the accuracy of the purchaser's name as shown on the iden-
tification label or tag, and that the purchaser will not allow  consump-
tion  of  any  of  the beer in the keg in violation of the provisions of
sections sixty-five-a, sixty-five-b and sixty-five-c  of  this  chapter,
and  section  [260.20]  260.22 of the penal law. The licensee shall also
record:
  (a) the name and address of the purchaser;
  (b) the identification card number  from  the  purchaser's  acceptable
documentation  of age as provided in paragraph (b) of subdivision one of
section sixty-five-b of this chapter;
  (c) the amount of the container deposit and the registration deposit;
  (d) the date and time of the purchase; and
  (e) the keg identification number required under  subdivision  two  of
this section.
  S 5. Clause (v) of subparagraph (a) of paragraph 5 of subdivision a of
section  20-361  of  the  administrative code of the city of New York is
amended to read as follows:
  (v) an offense within section 260.20 OR 260.22 of the penal law relat-
ing to unlawfully dealing with a child;

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  S 6. The closing paragraph of section 18-b of the general city law, as
amended by chapter 680 of the laws  of  1967,  is  amended  to  read  as
follows:
  The  admission  of a child between eight and sixteen years of age to a
theatre licensed under authority of a local law adopted pursuant to  the
provisions  of  this section, where such theatre complies with the terms
of this section and of the license, shall not be deemed a  violation  of
the provisions of section 260.20 OR 260.22 of the penal law.
  S  7.  The closing paragraph of section 121-b of the general municipal
law, as amended by chapter 680 of the laws of 1967, is amended  to  read
as follows:
  The  admission  of a child between eight and sixteen years of age to a
theatre licensed under authority of a local  law  or  ordinance  adopted
pursuant  to the provisions of this section, where such theatre complies
with the terms of this section and of the license, shall not be deemed a
violation of the provisions of section 260.20 OR  260.22  of  the  penal
law.
  S  8.  Paragraph (c) of subdivision 4 of section 509-cc of the vehicle
and traffic law, as amended by chapter 345  of  the  laws  of  2007,  is
amended to read as follows:
  (c)  The  offenses referred to in subparagraph (i) of paragraph (b) of
subdivision one and subparagraph (i) of paragraph (c) of subdivision two
of this section that result in disqualification for  a  period  of  five
years  shall include a conviction under sections 100.10, 105.13, 115.05,
120.03,  120.04,  120.04-a,  120.05,  120.10,  120.25,  125.13,  125.14,
125.40,  125.45, 130.20, 130.25, 130.55, 135.10, 135.55, 140.17, 140.25,
140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06, 220.09,  220.16,
220.31,  220.34, 220.60, 221.30, 221.50, 221.55, 230.00, 230.05, 230.06,
230.20, 230.25, 230.30, 230.32, 235.05, 235.06, 235.07, 235.21,  240.06,
245.00, 260.10, [subdivision two of section 260.20 and sections] 260.22,
260.25,  265.02,  265.03,  265.08, 265.09, 265.10, 265.12, 265.35 of the
penal law or an attempt to commit any of the  aforesaid  offenses  under
section 110.00 of the penal law, or any similar offenses committed under
a  former  section  of  the penal law, or any offenses committed under a
former section of the penal law which would constitute violations of the
aforesaid sections of the penal law, or any offenses  committed  outside
this  state  which would constitute violations of the aforesaid sections
of the penal law.
  S 9. This act shall take effect immediately, provided,  however,  that
the amendments to subdivision 3 of section 105-c of the alcoholic bever-
age  control  law  made by section four of this act shall not affect the
repeal of such section and shall be deemed repealed therewith.