Bill Text: NY S02378 | 2011-2012 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Authorizes the state liquor authority to issue multiple event permits.

Spectrum: Partisan Bill (Republican 9-0)

Status: (Engrossed - Dead) 2012-06-12 - referred to economic development [S02378 Detail]

Download: New_York-2011-S02378-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        2378--A
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   January 19, 2011
                                      ___________
       Introduced  by  Sens.  SEWARD,  BONACIC,  DeFRANCISCO,  JOHNSON, LARKIN,
         O'MARA, RANZENHOFER, SALAND, YOUNG -- read twice and ordered  printed,
         and  when  printed  to be committed to the Committee on Investigations
         and Government Operations -- recommitted to the Committee on  Investi-
         gations  and  Government  Operations in accordance with Senate Rule 6,
         sec. 8 -- reported favorably from said committee and committed to  the
         Committee  on  Finance  -- committee discharged, bill amended, ordered
         reprinted as amended and recommitted to said committee
       AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
         providing a multiple event caterer's permit
         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. The liquor authority is hereby authorized to issue to [caterers and
    5  other] persons HOLDING A LICENSE TO SELL ALCOHOLIC BEVERAGES  AT  RETAIL
    6  FOR  CONSUMPTION  ON  THE PREMISES furnishing provisions and service for
    7  use at a particular function[, occasion or event] in  a  hotel,  restau-
    8  rant,  club, ballroom or other premises a temporary indoor permit effec-
    9  tive for a period not to exceed  twenty-four  consecutive  hours,  which
   10  shall  authorize  the  service  of alcoholic beverages at such function,
   11  occasion or event within the hours, fixed by or pursuant to  subdivision
   12  five  of section one hundred six of this chapter, during which alcoholic
   13  beverages may lawfully be sold or served upon premises licensed to  sell
   14  alcoholic  beverages at retail for on-premises consumption in the commu-
   15  nity in which is located the premises in which such  function,  occasion
   16  or event is held.
   17    (A) The fee therefor shall be thirty-eight dollars.
   18    (B)  Such  a  permit and the exercise of the privilege granted thereby
   19  may be [subjected] SUBJECT to such rules by the liquor authority  as  it
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05765-04-2
       S. 2378--A                          2
    1  deems  necessary and such rules as are in conformity with the provisions
    2  of subdivision two of this section.
    3    (C)  Such  a  permit  may  also  be issued for functions, occasions or
    4  events at premises for which a summer license has been previously issued
    5  pursuant to this chapter.
    6    S 2. Section 98 of the alcoholic beverage control law  is  amended  by
    7  adding a new subdivision 1-a to read as follows:
    8    1-A. IN LIEU OF A PERMIT ISSUED UNDER SUBDIVISION ONE OF THIS SECTION,
    9  THE  LIQUOR  AUTHORITY IS HEREBY AUTHORIZED TO ISSUE TO SUCH LICENSEES A
   10  PERMIT EFFECTIVE FOR A ONE YEAR PERIOD WHICH SHALL AUTHORIZE THE SERVICE
   11  OF ALCOHOLIC BEVERAGES AT MULTIPLE FUNCTIONS.
   12    (A) THE FEE THEREFOR SHALL BE TWO THOUSAND DOLLARS.
   13    (B) SUCH A PERMIT AND THE EXERCISE OF THE  PRIVILEGE  GRANTED  THEREBY
   14  MAY  BE SUBJECT TO SUCH RULES BY THE LIQUOR AUTHORITY AS IT DEEMS NECES-
   15  SARY.
   16    (C) A PERMIT ISSUED UNDER THIS SUBDIVISION SHALL NOT BE  USED  AT  ANY
   17  PREMISES  LOCATED  IN A MUNICIPALITY WITH A POPULATION OF ONE MILLION OR
   18  MORE.
   19    S 3. Section 98 of the alcoholic beverage control law  is  amended  by
   20  adding two new subdivisions 6 and 7 to read as follows:
   21    6.  FOR GOOD CAUSE SHOWN, THE LIQUOR AUTHORITY MAY DENY A PERMIT FOR A
   22  PARTICULAR LICENSEE OR FOR A PARTICULAR FUNCTION.
   23    (A) AN APPLICATION FOR A PERMIT UNDER SUBDIVISION ONE, TWO,  THREE  OR
   24  FIVE  OF  THIS SECTION SHALL BE FILED WITH THE LIQUOR AUTHORITY AT LEAST
   25  FIFTEEN DAYS BEFORE THE FUNCTION.
   26    (B) THE HOLDER OF AN ANNUAL PERMIT ISSUED UNDER SUBDIVISION  ONE-A  OF
   27  THIS  SECTION  SHALL  PROVIDE  THE  LIQUOR AUTHORITY IN WRITING WITH THE
   28  LOCATION OF THE EVENT AND SUCH OTHER INFORMATION AS MAY BE  REQUIRED  AT
   29  LEAST  FIFTEEN  DAYS  BEFORE  THE FUNCTION. THE LOCATION SHALL BE DEEMED
   30  APPROVED WITHIN SEVEN DAYS UNLESS  THE  LIQUOR  AUTHORITY  NOTIFIES  THE
   31  PERMIT HOLDER OF ITS OBJECTION.
   32    7.  A  PERMIT  ISSUED  UNDER THIS SECTION, OR IN THE CASE OF AN ANNUAL
   33  PERMIT A COPY OF SUCH PERMIT, SHALL BE POSTED AND DISPLAYED AT ALL TIMES
   34  IN A CONSPICUOUS PLACE AT THE EVENT LOCATION DURING SUCH TIMES AS  ALCO-
   35  HOLIC BEVERAGES ARE BEING SOLD OR SERVED.
   36    S  4.    This  act  shall take effect on the one hundred eightieth day
   37  after it shall have become a law.