Bill Text: NY A02704 | 2019-2020 | General Assembly | Introduced

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Bill Title: Requires the state liquor authority to determine the safety of a venue prior to approving certain permits; requires state liquor authority to consult with the department of environmental conservation and local police and fire departments to determine the safety of a venue prior to issuing a caterer's permit.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-01-08 - referred to economic development [A02704 Detail]

Download: New_York-2019-A02704-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2704
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 25, 2019
                                       ___________
        Introduced by M. of A. LENTOL -- read once and referred to the Committee
          on Economic Development
        AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
          requiring the state liquor authority to  determine  the  safety  of  a
          venue prior to approving certain permits
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 1 of  section  98  of  the  alcoholic  beverage
     2  control  law,  as  amended  by section 21 of part Z of chapter 85 of the
     3  laws of 2002, is amended to read as follows:
     4    1. a. The liquor authority is hereby authorized to issue  to  caterers
     5  and other persons furnishing provisions and service for use at a partic-
     6  ular  function, occasion or event in a hotel, restaurant, club, ballroom
     7  or other premises a temporary indoor permit effective for a  period  not
     8  to  exceed  twenty-four  consecutive  hours,  which  shall authorize the
     9  service of alcoholic beverages at such function, occasion or event with-
    10  in the hours, fixed by or pursuant to subdivision five  of  section  one
    11  hundred  six  of  this  chapter,  during  which  alcoholic beverages may
    12  lawfully be sold or served upon  premises  licensed  to  sell  alcoholic
    13  beverages  at  retail  for  on-premises  consumption in the community in
    14  which is located the premises in which such function, occasion or  event
    15  is  held.  The fee therefor shall be thirty-eight dollars. Such a permit
    16  and the exercise of the privilege granted thereby may  be  subjected  to
    17  such  rules by the liquor authority as it deems necessary and such rules
    18  as are in conformity with the provisions  of  subdivision  two  of  this
    19  section.  Such  a  permit may also be issued for functions, occasions or
    20  events at premises for which a summer license has been previously issued
    21  pursuant to this chapter.
    22    b. Notwithstanding any other provision of  law  to  the  contrary,  an
    23  applicant  shall  not  be  issued  a permit pursuant to this subdivision
    24  unless (i) such applicant demonstrates that the owner  of  the  premises
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04643-01-9
        A. 2704                             2
     1  where such function, occasion or event shall be held approves of the use
     2  of the premises for such function, occasion or event and (ii) the liquor
     3  authority  determines that the premises where such function, occasion or
     4  event  shall  be  held would not endanger public safety. Such a determi-
     5  nation shall be made by the liquor authority after consultation with:
     6    (A) the department of  environmental  conservation  to  determine  the
     7  premises is not an environmental hazard, including whether such premises
     8  is a superfund site placed on the United States environmental protection
     9  agency's national priority list;
    10    (B)  the  local fire department to determine the premises meets safety
    11  standards including that such premises is  equipped  with  emergency  or
    12  fire exits, fire alarms and sprinklers; and
    13    (C)  the  local  police department to determine the security or public
    14  order measures necessary to ensure such function, occasion or  event  is
    15  not a detriment to the community or the surrounding neighborhood.
    16    § 2. This act shall take effect on the one hundred eightieth day after
    17  it  shall  have  become a law; provided, however, effective immediately,
    18  the addition, amendment and/or repeal of any rule or  regulation  neces-
    19  sary  for  the  implementation  of  this  act  on its effective date are
    20  authorized to be made and completed on or before such effective date.