New York Governor David A. Paterson has vetoed forty-nine bills including a bill aimed at amending Penal Law §260.21 with respect to unlawfully dealing with a child in the second degree. The amendment was to limit the application of §260.21 of the Penal Law to premises where liquor is sold.
Penal Law §260.21 reads in relevant part as follows:
“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 alcoholic beverages are sold or given away, he permits a child less than sixteen years old to enter or remain in such place unless:
(a) The child is accompanied by his 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 educational 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 establishment, to conduct any such activity or entertainment, not less than ten days prior to any such closing; …”
The amendment was drafted because Penal Law §260.21 makes it a crime for the operator of any business licensed to sell alcoholic beverages to permit an unaccompanied child under the age of 16 to enter the premises. Thus, any operator of business that allows an unaccompanied child under the age 16 to walk into a neighborhood store, supermarket or convenience store that sells beer commits a crime. For example, the owner of a Mobile Mart who sells beer is guilty of crime if he or she allows a minor under the age of 16 to simply enter his store to buy a pack of gum if that minor is not accompanied by an adult.
The proposed amendment was to change the law to read in relevant part as follows:
“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 liquor is sold or given away, he or she permits a child less than sixteen years old to enter or remain in such place unless: …”
The amendment was drafted to narrow the application of the law by limiting the scope of the statute to only those businesses that sell liquor as opposed to all alcoholic beverages. Assemblyman Schimminger and Senator Winner sponsored the bill. The Assembly bill number is A11056. The Senate bill number is S. 7852
