Relates to standards for premises licensed to sell alcoholic beverages for off-premises consumption.
TITLE OF BILL:
An act to amend the alcoholic beverage control law, in relation to standards for premises licensed to sell alcoholic beverages for off-premises consumption
This bill would eliminate existing requirements that package stores be located at street level and have no more than two entrances.
SUMMARY OF PROVISIONS:
Section 1 of the bill would amend Alcoholic Beverage Control (ABC) Law 105(2) to eliminate existing requirements that a package store be located at street level and have no more than two entrances.
Section 2 of the bill would provide that the act would take effect immediately.
The ABC Law currently requires street level access only and allows only one additional entrance.
This is a new bill.
STATEMENT IN SUPPORT:
This bill would permit the licensure of reasonably located package stores whose licensure is currently forbidden by the express language of ABC Law § 105 (2). Under the proposed amendment, the ABC Law would no longer contain language requiring street level access and would permit one or more entrances from public thoroughfares, arcades or sub-surface thoroughfares leading to a railroad terminal and parking lots. The current language reflects an archaic requirement inconsistent with today's commercial reality, which provides for numerous appropriate venues for retail outlets, such as indoor malls.
This bill would be effective immediately.
STATE OF NEW YORK ________________________________________________________________________ 10854 IN ASSEMBLY April 26, 2010 ___________Introduced by M. of A. SCHIMMINGER, DelMONTE, GALEF, PAULIN, CAHILL -- Multi-Sponsored by -- M. of A. GABRYSZAK, GOTTFRIED, KOON, REILLY -- (at request of the State Liquor Authority) -- read once and referred to the Committee on Economic Development, Job Creation, Commerce and Industry AN ACT to amend the alcoholic beverage control law, in relation to stan- dards for premises licensed to sell alcoholic beverages for off-prem- ises consumption THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 2 of section 105 of the alcoholic beverage control law, as amended by chapter 536 of the laws of 1966, is amended to read as follows: 2. No premises shall be licensed to sell liquors and/or wines at retail for off premises consumption, unless said premises shall be located in a store,
[the principal entrance]ALL ENTRANCES to which shall be from [the street level and located on a public thoroughfare in premises which may be occupied, operated or conducted for business, trade or industry or on]A PUBLIC THOROUGHFARE, an arcade or sub-surface thoroughfare leading to a railroad terminal [. There may be not more than one additional entrance which shall be from the street level and located on and giving access to and from]OR a public or private parking lot or parking area having space for not less than five automobiles. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15983-01-0