Bill Text: NY S05666 | 2015-2016 | General Assembly | Introduced

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Bill Title: Authorizes the issuance of on-premises liquor licenses to bed and breakfasts and restaurants which are engaged in the promotion of agricultural tourism.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2016-06-08 - referred to economic development [S05666 Detail]

Download: New_York-2015-S05666-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5666
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                     May 26, 2015
                                      ___________
       Introduced  by  Sen.  LARKIN -- read twice and ordered printed, and when
         printed to be committed to the Committee on Commerce, Economic  Devel-
         opment and Small Business
       AN  ACT  to amend the alcoholic beverage control law, in relation to the
         issuance of licenses to sell liquor at retail for consumption  on  the
         premises  of  certain  bed  and  breakfast  facilities and restaurants
         located on land used in agricultural production
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  5-a  of section 64 of the alcoholic beverage
    2  control law, as added by chapter 480 of the laws of 2003, is amended and
    3  a new subdivision 5-b is added to read as follows:
    4    5-a. (A) Notwithstanding the provisions of subdivision  five  of  this
    5  section,  a liquor license may be issued under this section to an estab-
    6  lishment designated and commonly known and operated as a "bed and break-
    7  fast" regardless of whether or not a  restaurant  is  operated  in  such
    8  establishment,  provided that such license shall only permit the sale of
    9  alcoholic beverages to overnight guests of such establishment.
   10    (B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF  THIS  SUBDIVI-
   11  SION, A LIQUOR LICENSE ISSUED TO AN ESTABLISHMENT DESIGNATED AND COMMON-
   12  LY  KNOWN  AND  OPERATED  AS A "BED AND BREAKFAST" WHICH IS LOCATED UPON
   13  LAND USED IN AGRICULTURAL PRODUCTION, AS DEFINED IN SUBDIVISION FOUR  OF
   14  SECTION  THREE  HUNDRED  ONE  OF  THE AGRICULTURE AND MARKETS LAW, SHALL
   15  AUTHORIZE THE SALE OF ALCOHOLIC BEVERAGES TO OVERNIGHT  GUESTS  OF  SUCH
   16  ESTABLISHMENT,  AND  TO THE PUBLIC, WHO ARE NOT OVERNIGHT GUESTS, DURING
   17  AGRICULTURAL TOURISM EVENTS (SUCH AS HARVEST FESTIVALS) AND FARM  THEMED
   18  GOURMET DINING EXPERIENCES HOSTED BY SUCH ESTABLISHMENT.
   19    5-B.  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION  FIVE  OF THIS
   20  SECTION, A LIQUOR LICENSE MAY BE ISSUED UNDER THIS SECTION TO AN  ESTAB-
   21  LISHMENT WHICH SELLS FOOD AND BEVERAGES TO THE PUBLIC, BUT DOES NOT HAVE
   22  REGULAR  HOURS  WHEN  SUCH  ESTABLISHMENT  IS OPEN TO THE PUBLIC, AND IS
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04545-01-5
       S. 5666                             2
    1  LOCATED UPON LAND USED IN AGRICULTURAL PRODUCTION, AS DEFINED IN  SUBDI-
    2  VISION  FOUR OF SECTION THREE HUNDRED ONE OF THE AGRICULTURE AND MARKETS
    3  LAW, PROVIDED THAT SUCH LICENSE  SHALL  PERMIT  THE  SALE  OF  ALCOHOLIC
    4  BEVERAGES  TO  THE  PUBLIC  DURING  AGRICULTURAL EVENTS (SUCH AS HARVEST
    5  FESTIVALS), FARM THEMED GOURMET DINING EXPERIENCES, AND  SUCH  TIMES  AS
    6  THE AGRICULTURAL TOURISM MARKET SHALL DEMAND AS DETERMINED BY THE LICEN-
    7  SEE.
    8    S 2. This act shall take effect immediately.