NY State Senate Bill 2019-S8675

Senate Bill S8675

2019-2020 Legislative Session

Makes it lawful for a person to possess an open container of alcohol and consume alcohol in public during the COVID-19 pandemic

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 02, 2020	referred to rules

2019-S8675 (ACTIVE) - Details

See Assembly Version of this Bill:: A10695
Current Committee:: Senate Rules
Law Section:: Criminal Procedure
Versions Introduced in Other Legislative Sessions:: 2021-2022: A1381
2023-2024: A1951

2019-S8675 (ACTIVE) - Summary

Makes it lawful for a person to possess an open container of alcohol and consume alcohol in public in municipalities in which bars and/or restaurants are not operating at full capacity due to the COVID-19 pandemic.

2019-S8675 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8675

SPONSOR: SALAZAR
 
TITLE OF BILL:

An act in relation to making it lawful for a person to possess an open
container of alcohol and to consume alcohol in public in municipalities
in which bars and/or restaurants are not operating at full capacity due
to the COVID-19 pandemic; and providing for the repeal of such
provisions upon expiration thereof

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would suspend all "open container" laws during the COVID-19
emergency period in recognition of the restrictions put in place in the
manner in which restaurants and bars are permitted to function during
this period.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 provides that during the emergency period, and notwithstanding

an law to the contrary, it shall be lawful to consume alcohol in public
and to possess an open container of alcohol in public.

Sections 2 provides for an immediate effective date and that the law
would expire upon the expiration of the state disaster emergency.

 
JUSTIFICATION:

In many places throughout the world, open consumption of alcohol is
permitted. In New York the police and others turn a blind eye if the
imbiber is drinking a glass of wine while listening to the New York
Philharmonic on the great lawn in Central Park, but if you're a young
person on the beach at Coney Island drinking a nutcracker or a beer on
your block with friends, you can get a ticket. That's discrimination and
hypocrisy. With Covid-19 changing the way we eat and drink it is time we
do away with New York's anachronistic open container laws. This bill
wont mean you can drink and drive nor will-it-allow people to be disor-
derly. What it will do is allow people to responsibly and legally have a
drink in public. It only makes sense since the city has already permit-
ted thousands of bars to serve drinks to-go. Where do we think they're
being consumed? If we don't change this law, it is inevitable that the
police will disproportionately enforce open container laws on the young
and Black and brown New Yorkers. The bill will expire after the governor
lifts the state of emergency.

 
PRIOR LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
Immediately upon enactment.

2019-S8675 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8675
 
                             I N  S E N A T E
 
                               July 2, 2020
                                ___________
 
 Introduced  by  Sen. SALAZAR -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT in relation to making it lawful for a person to possess  an  open
   container  of  alcohol  and  to  consume  alcohol in public in munici-
   palities in which bars and/or restaurants are not  operating  at  full
   capacity due to the COVID-19 pandemic; and providing for the repeal of
   such provisions upon expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Notwithstanding any other general, special  or  local  law,
 rule  or regulation, code, ordinance or city charter to the contrary, in
 any municipality of the state  in  which  bars  and/or  restaurants  are
 unable  to operate at full capacity because of restrictions put in place
 due to the state disaster emergency declared by executive  order  number
 202,  and  any  further amendments or modifications thereto, it shall be
 lawful for a person to:
   (a) possess an open container of alcohol in public; and
   (b) consume alcohol in public.
   § 2. This act shall take effect immediately, provided,  however,  that
 this  act shall be subject to the expiration of the state disaster emer-
 gency declared for the entire state by executive order  number  202  and
 any  further amendments or modifications, and as may be further extended
 pursuant to section 28 of the executive law,  and  shall  be  deemed  to
 expire  and  be repealed therewith; provided, further, that the attorney
 general shall notify the legislative bill drafting commission  upon  the
 occurrence of the expiration of the state disaster emergency declared by
 executive  order number 202 and any further amendments or modifications,
 and as may be further extended pursuant to section 28 of  the  executive
 law,  in  order  that the commission may maintain an accurate and timely
 effective data base of the official text of the laws of the state of New
 York in furtherance of effectuating the provisions of section 44 of  the
 legislative law and section 70-b of the public officers law.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16497-02-0

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