NY State Senate Bill 2021-S6831

Senate Bill S6831

2021-2022 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; repealer

download bill text pdf

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to investigations and government operations
May 18, 2021	referred to investigations and government operations

2021-S6831 (ACTIVE) - Details

See Assembly Version of this Bill:: A1381
Current Committee:: Senate Investigations And Government Operations
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Add §132, ABC L; rpld §10-125, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:: 2019-2020: A10695
2023-2024: A1951

2021-S6831 (ACTIVE) - Summary

Permits the possession and consumption of alcoholic beverages in a public place; prohibits a municipality from preventing a person twenty-one years of age or older from possessing an alcoholic beverage in an open container in a public place and from consuming an alcoholic beverage in a public place.

2021-S6831 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6831

SPONSOR: SALAZAR
 
TITLE OF BILL:

An act to amend the alcoholic beverage control law, in relation to
permitting the possession and consumption of alcoholic beverages in a
public place; and to repeal section 10-125 of the administrative code of
the city of New York relating to the consumption of alcohol on streets

 
PURPOSE OR GENERAL IDEA OF BILL:

To make it lawful for a person to possess an open container of alcohol
and consume alcohol in public.

 
SUMMARY OF PROVISIONS:

Section 1 defines the term "public space" within the context of this
bill and makes it lawful for a person to possess and drink from an open
container of alcohol in public spaces.

Section 2 repeals section 10-125 of the administrative code of the city
of New York.

Section 3 sets an effective date.

 
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. This bill won't mean you can drink and drive nor will it
allow people to be disorderly. What it will do is allow people to
responsibly and legally have a drink in public. 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.

 
PRIOR LEGISLATIVE HISTORY:

2019-20  Senate - S 8675 - referred to Rules

Assembly A 10695 - referred to Economic Development

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall go into effect immediately.

2021-S6831 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6831
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 18, 2021
                                ___________
 
 Introduced  by  Sen. SALAZAR -- 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
   permitting  the possession and consumption of alcoholic beverages in a
   public place; and to repeal section 10-125 of the administrative  code
   of  the  city  of  New  York relating to the consumption of alcohol on
   streets
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The alcoholic beverage control law is amended by adding a
 new section 132 to read as follows:
   § 132. CONSUMPTION OF ALCOHOLIC BEVERAGES IN A PUBLIC  PLACE.  1.  FOR
 THE PURPOSES OF THIS SECTION, "PUBLIC PLACE" SHALL MEAN A PLACE TO WHICH
 THE  PUBLIC  OR A SUBSTANTIAL GROUP OF PERSONS HAS ACCESS INCLUDING, BUT
 NOT LIMITED TO ANY SIDEWALK,  PARKING  AREA,  SHOPPING  AREA,  PLACE  OF
 AMUSEMENT, PLAYGROUND, PARK OR BEACH.
   2.  NO MUNICIPALITY SHALL PROHIBIT A PERSON TWENTY-ONE YEARS OF AGE OR
 OLDER FROM POSSESSING AN ALCOHOLIC BEVERAGE IN AN OPEN  CONTAINER  IN  A
 PUBLIC PLACE AND FROM CONSUMING AN ALCOHOLIC BEVERAGE IN A PUBLIC PLACE,
 EXCEPT AS PROHIBITED IN SECTION TWELVE HUNDRED TWENTY-SEVEN OF THE VEHI-
 CLE AND TRAFFIC LAW.
   § 2. Section 10-125 of the administrative code of the city of New York
 is REPEALED.
   § 3. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05493-03-1

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