Bill Text: NY S04592 | 2017-2018 | General Assembly | Amended

---

Bill Title: Relates to allowing patrons to remove alcohol from any holder of a license to sell beer, cider, liquor, or wine at retail for consumption off the premises if the licensed premises is located within a leisure and recreation district and the patron remains within the boundaries of the leisure and recreation district.

Spectrum: Moderate Partisan Bill (Republican 8-1)

Status: (Engrossed - Dead) 2018-03-26 - referred to economic development [S04592 Detail]

Download: New_York-2017-S04592-Amended.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                         4592--A
            Cal. No. 400
                               2017-2018 Regular Sessions
                    IN SENATE
                                    February 21, 2017
                                       ___________
        Introduced   by  Sens.  FUNKE,  AKSHAR,  GRIFFO,  HELMING,  RANZENHOFER,
          RITCHIE, SAVINO -- read twice and ordered printed, and when printed to
          be committed to the Committee on Investigations and  Government  Oper-
          ations -- reported favorably from said committee, ordered to first and
          second  report,  ordered  to  a  third  reading,  amended  and ordered
          reprinted, retaining its place in the order of third reading
        AN ACT to amend the alcoholic  beverage  control  law  and  the  general
          municipal  law, in relation to allowing patrons to remove alcohol from
          a licensed premises in a leisure and recreation district
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Section  106  of  the  alcoholic  beverage control law is
     2  amended by adding a new subdivision 18 to read as follows:
     3    18. Removal of alcohol from a  licensed  premises  in  a  leisure  and
     4  recreation district. Notwithstanding any law, rule, or regulation to the
     5  contrary,  any  holder  of  a license to sell alcoholic beverages issued
     6  under sections fifty-one, fifty-one-a, fifty-five,  fifty-eight,  fifty-
     7  eight-a,     sixty-one,    sixty-four,    sixty-four-a,    sixty-four-c,
     8  sixty-four-d, seventy-six, seventy-six-a, seventy-six-c,  seventy-six-d,
     9  eighty-one  and  eighty-one-a  of  this chapter or a permit issued under
    10  sections ninety-seven, ninety-seven-a and ninety-eight of  this  chapter
    11  may  sell  or  otherwise  provide alcoholic beverages to a patron of the
    12  license holder in the manner authorized in the license  and  the  patron
    13  may  remove  an  open  glass, cup or other container of the beer, cider,
    14  liquor; or wine from the licensed premises and may possess  and  consume
    15  the  beer,  cider,  liquor, or wine outside of the licensed premises if:
    16  (a) the licensed premises is located within  a  leisure  and  recreation
    17  district  and  (b)  the patron remains in possession of the beer, cider,
    18  liquor, or wine within the boundaries  of  the  leisure  and  recreation
    19  district  in which they obtained the beverage. Nothing contained in this
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06659-04-7
        S. 4592--A                          2
     1  section shall restrict the privileges for a  licensee  or  permittee  to
     2  sell beer for consumption off-premises.
     3    §  2.  Section  3  of the alcoholic beverage control law is amended by
     4  adding a new subdivision 16 to read as follows:
     5    16. "Leisure and recreation district" shall mean  an  area  officially
     6  designated  by  local  law  of the governing body of a municipality as a
     7  leisure and recreation district.
     8    § 3. The general municipal law is amended by adding a new section 72-s
     9  to read as follows:
    10    § 72-s. Designation of leisure and recreation  districts.  Subject  to
    11  the provisions of this section, the governing body of a municipality, as
    12  defined  in  subdivision  three  of section two hundred thirty-nine-b of
    13  this chapter, may establish by local law one or more leisure and  recre-
    14  ation  districts within the corporate boundaries of the municipality and
    15  designate the geographic  area  or  areas  to  be  included  within  the
    16  district.  The governing body of a municipality, by local law may modify
    17  the boundaries of a leisure and recreation district. The governing  body
    18  of  a  municipality  shall provide that individuals possessing alcoholic
    19  beverages within the leisure and recreation district may not remove them
    20  from the leisure and recreation district and shall be subject to a civil
    21  penalty if they remove alcoholic beverages from the leisure  and  recre-
    22  ation  district  unless  such  beverages were purchased for off-premises
    23  consumption.
    24    § 4. This act shall take effect immediately.