The New York State Senate today approved legislation (S. 7577A) sponsored by Senator Charles J. Fuschillo, Jr. that would hold adults accountable if they allow underage people to drink on their property. The proposed law establishes "social host" liability upon adults who knowingly permit the consumption of alcohol on their property by underage persons who are not their own children. The measure would expand a statute already on the books in Nassau and Suffolk Counties and other localities to the entire state of New York
Senator Fuschillo (8th District) said, "Underage drinking is not only illegal, it can lead to drunk driving crashes and other risky behavior among teenagers. Adults who act as bartenders for someone else's underage child put that child at risk. Creating penalties for adults who knowingly serve alcohol to teenagers will help reinforce the message that New York State is serious about stopping underage drinking."
Social host legislation targets the location in which underage drinking takes place. Thirty-two states have some form of social host law, although the provisions vary, and in New York several local governments, including Nassau County, Suffolk County and the cities of Glen Cove and Long Beach, have enacted such laws.
Senator Fuschillo’s legislation is supported by the New York State Association of Chiefs of Police, the New York State Sheriffs’ Association, the Mothers Against Drunk Driving (MADD) national office and New York State Chapter, and the Empire State Restaurant & Tavern Association.
MADD’s memorandum in support of the legislation stated, "Mothers Against Drunk Driving believes underage drinking is not just a youth problem. It is also very much an adult problem. Adults continue to allow those under the legal drinking age to drink – illegally. The statewide Social Host legislation would set forth penalties for those who provide alcohol to those under 21 years old at a party."
Specifically, the legislation, would: Prohibit a person over the age of 18 from permitting alcohol consumption by any person under the age of 21 during a social occasion, party or event taking place on property they own, lease, or otherwise control;Establish penalties for violations, including $250 for the 1st offense, $500 for the 2nd offense and $1,000 or imprisonment for up to one year or both a fine and a jail term for 3rd and any subsequent offenses. Permits local governments to enact and enforce local laws or ordinances which contain tighter restrictions than those contained in this proposed law.The bill now goes to the Assembly.
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