Bill Text: NY A01951 | 2023-2024 | General Assembly | Introduced

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Bill Title: Permits the possession and consumption of alcoholic beverages in certain public places; 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 certain public places.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to economic development [A01951 Detail]

Download: New_York-2023-A01951-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1951

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 23, 2023
                                       ___________

        Introduced  by M. of A. CARROLL -- read once and referred to the Commit-
          tee on Economic Development

        AN ACT to amend the alcoholic beverage control law and  the  administra-
          tive  code  of  the  city  of  New York, in relation to permitting the
          possession and consumption of alcoholic beverages  in  certain  public
          places

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The alcoholic beverage control law is amended by  adding  a
     2  new section 132 to read as follows:
     3    §  132.  Consumption  of alcoholic beverages in a public place. 1. For
     4  the purposes of this section, "public place" shall mean a place to which
     5  the public or a substantial group of persons has access which shall only
     6  include any park, beach, boardwalk, or any street  closed  to  vehicular
     7  traffic for the purposes of outdoor dining or recreational activity.
     8    2.  No municipality shall prohibit a person twenty-one years of age or
     9  older from possessing an alcoholic beverage in an open  container  in  a
    10  public place and from consuming an alcoholic beverage in a public place,
    11  except as prohibited in section one thousand two hundred twenty-seven of
    12  the vehicle and traffic law.
    13    §  2. Paragraph (b) of subdivision 2 of section 10-125 of the adminis-
    14  trative code of the city of New York is amended to read as follows:
    15    b. No person shall drink or consume an alcoholic beverage, or possess,
    16  with intent to drink or consume, an open container containing  an  alco-
    17  holic  beverage  in  any  public place except at a block party, feast or
    18  similar function for which a permit has been obtained or  at  any  park,
    19  beach,  boardwalk,  or  any  street  closed to vehicular traffic for the
    20  purposes of outdoor dining or recreational activity.
    21    § 3. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04541-01-3