S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6856
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2023
                                ___________
 
 Introduced  by  Sen.  RHOADS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to expanding the  offense  of
   unlawfully dealing with a child in the second degree
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 260.21 of the penal law, as added by chapter 362 of
 the laws of 1992, the opening paragraph of subdivision 1 as  amended  by
 chapter  478 of the laws of 1996 and subdivision 3 as amended by chapter
 100 of the laws of 2019, is amended to read as follows:
 § 260.21 Unlawfully dealing with a child in the second degree.
   A person is guilty of unlawfully dealing with a child  in  the  second
 degree when:
   1.  Being an owner, lessee, manager or employee of a place where alco-
 holic beverages are sold or given away, he OR SHE permits a  child  less
 than  [sixteen]  EIGHTEEN  years  old  to  enter or remain in such place
 unless:
   (a) The child is accompanied by his OR  HER  parent,  guardian  or  an
 adult authorized by a parent or guardian; or
   (b)  The  entertainment or activity is being conducted for the benefit
 or under the auspices of a non-profit school,  church  or  other  educa-
 tional or religious institution; or
   (c) Otherwise permitted by law to do so; or
   (d)  The  establishment is closed to the public for a specified period
 of time to conduct an activity or entertainment, during which the  child
 is  in  or remains in such establishment, and no alcoholic beverages are
 sold, served, given away or consumed at such establishment  during  such
 period.  The  state liquor authority shall be notified in writing by the
 licensee of such establishment, of the intended closing of  such  estab-
 lishment,  to  conduct any such activity or entertainment, not less than
 ten days prior to any such closing; or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11074-01-3
              

 S. 6856                             2
 
   2. He OR SHE marks the body of a child less than  eighteen  years  old
 with indelible ink or pigments by means of tattooing; or
   3. He or she sells or causes to be sold tobacco in any form to a child
 less than twenty-one years old; OR
   4. BEING AN OWNER, LESSEE, MANAGER OR EMPLOYEE OF AN ESTABLISHMENT, HE
 OR  SHE  PERMITS A CHILD LESS THAN EIGHTEEN YEARS OLD TO ENTER OR REMAIN
 IN SUCH ESTABLISHMENT, PROVIDED THAT:
   (A) ALCOHOLIC BEVERAGES ARE EXCLUSIVELY SOLD, SERVED, OR GIVEN AWAY AT
 SAID ESTABLISHMENT; AND
   (B) 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
   (C) SAID ESTABLISHMENT DOES NOT HAVE AN ON-SITE KITCHEN THAT  IS  USED
 FOR THE PREPARATION OF FOOD ITEMS ORDERED BY PATRONS.
   It  is  no  defense  to a prosecution pursuant to subdivision three 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 second degree is a class B
 misdemeanor.
   § 2.   This act shall take  effect  on  the  first  of  November  next
 succeeding the date upon which it shall have become a law.