Authorizes the state liquor authority to issue multiple event permits.
Ayes (58): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Dilan, Duane, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Johnson, Kennedy, Klein, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Storobin, Valesky, Young, Zeldin
Nays (1): Diaz
Excused (3): Espaillat, Huntley, Krueger
TITLE OF BILL: An act to amend the alcoholic beverage control law, in relation to providing a multiple event caterer's permit
PURPOSE: To provide for a multiple event caterer's permit.
SUMMARY OF PROVISIONS: Amends section 98 of the alcoholic beverage control law to authorize the State Liquor Authority to issue a single permit to allow for alcoholic beverages to be sold at multiple functions. Such multiple event permit shall be effective for a one year period with a fee of $2000. The permit shall not be used at any premises located in a municipality with a population of one million or more.
Section 98 is further amended to authorize the SLA to deny a permit for good cause shown. Any caterers permit must also be filed with the SLA at least 15 days before the function. Multiple event permit holders shall also provide the SLA with information in writing identifying the location of each event and any other information required at least fifteen days before the function. The location is deemed approved within seven days unless the SLA notifies the permit holder of any objections. Permits must also be posted and displayed at all times at each event location.
EXISTING LAW: Current law requires caterers to apply for and receive approval for a separate permit for each function. Each separate permit carries a fee of $48 dollars.
JUSTIFICATION: Under current law, Section 98 of the Alcoholic Beverage Control Law provides that caterers must apply to the SLA for a permit each time that they wish to serve alcoholic beverages for a function or occasion at a hotel, restaurant, club, ballroom or other premises. Having to apply for a permit for each function can be extremely burdensome for caterers who make their living providing food and beverages at various locations. This bill would facilitate operations for caterers, many of which are small businesses, and would reduce the number of caterer's permit applications which the SLA would be required to review.
Caterers with a multiple event caterer's permit would be required to provide the SLA with information, as specified by the Liquor Authority, regarding each function or event that the caterer plans to serve at least fifteen business days prior to each function or event. The annual fee for a multiple event caterer's permit would be $2000.
S.3058 of 2009-10 S.7471A of 2008
FISCAL IMPLICATIONS: To be determined.
EFFECTIVE DATE: 180 days after becoming a law.
STATE OF NEW YORK ________________________________________________________________________ 2378--A 2011-2012 Regular Sessions IN SENATE 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: Section 1. Subdivision 1 of section 98 of the alcoholic beverage control law, as amended by section 21 of part Z of chapter 85 of the laws of 2002, is amended to read as follows: 1. The liquor authority is hereby authorized to issue to
[caterers and other]persons HOLDING A LICENSE TO SELL ALCOHOLIC BEVERAGES AT RETAIL FOR CONSUMPTION ON THE PREMISES furnishing provisions and service for use at a particular function [, occasion or event]in a hotel, restau- rant, club, ballroom or other premises a temporary indoor permit effec- tive for a period not to exceed twenty-four consecutive hours, which shall authorize the service of alcoholic beverages at such function, occasion or event within the hours, fixed by or pursuant to subdivision five of section one hundred six of this chapter, during which alcoholic beverages may lawfully be sold or served upon premises licensed to sell alcoholic beverages at retail for on-premises consumption in the commu- nity in which is located the premises in which such function, occasion or event is held. (A) The fee therefor shall be thirty-eight dollars. (B) Such a permit and the exercise of the privilege granted thereby may be [subjected]SUBJECT to such rules by the liquor authority as itEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05765-04-2 S. 2378--A 2
deems necessary and such rules as are in conformity with the provisions of subdivision two of this section. (C) Such a permit may also be issued for functions, occasions or events at premises for which a summer license has been previously issued pursuant to this chapter. S 2. Section 98 of the alcoholic beverage control law is amended by adding a new subdivision 1-a to read as follows: 1-A. IN LIEU OF A PERMIT ISSUED UNDER SUBDIVISION ONE OF THIS SECTION, THE LIQUOR AUTHORITY IS HEREBY AUTHORIZED TO ISSUE TO SUCH LICENSEES A PERMIT EFFECTIVE FOR A ONE YEAR PERIOD WHICH SHALL AUTHORIZE THE SERVICE OF ALCOHOLIC BEVERAGES AT MULTIPLE FUNCTIONS. (A) THE FEE THEREFOR SHALL BE TWO THOUSAND DOLLARS. (B) SUCH A PERMIT AND THE EXERCISE OF THE PRIVILEGE GRANTED THEREBY MAY BE SUBJECT TO SUCH RULES BY THE LIQUOR AUTHORITY AS IT DEEMS NECES- SARY. (C) A PERMIT ISSUED UNDER THIS SUBDIVISION SHALL NOT BE USED AT ANY PREMISES LOCATED IN A MUNICIPALITY WITH A POPULATION OF ONE MILLION OR MORE. S 3. Section 98 of the alcoholic beverage control law is amended by adding two new subdivisions 6 and 7 to read as follows: 6. FOR GOOD CAUSE SHOWN, THE LIQUOR AUTHORITY MAY DENY A PERMIT FOR A PARTICULAR LICENSEE OR FOR A PARTICULAR FUNCTION. (A) AN APPLICATION FOR A PERMIT UNDER SUBDIVISION ONE, TWO, THREE OR FIVE OF THIS SECTION SHALL BE FILED WITH THE LIQUOR AUTHORITY AT LEAST FIFTEEN DAYS BEFORE THE FUNCTION. (B) THE HOLDER OF AN ANNUAL PERMIT ISSUED UNDER SUBDIVISION ONE-A OF THIS SECTION SHALL PROVIDE THE LIQUOR AUTHORITY IN WRITING WITH THE LOCATION OF THE EVENT AND SUCH OTHER INFORMATION AS MAY BE REQUIRED AT LEAST FIFTEEN DAYS BEFORE THE FUNCTION. THE LOCATION SHALL BE DEEMED APPROVED WITHIN SEVEN DAYS UNLESS THE LIQUOR AUTHORITY NOTIFIES THE PERMIT HOLDER OF ITS OBJECTION. 7. A PERMIT ISSUED UNDER THIS SECTION, OR IN THE CASE OF AN ANNUAL PERMIT A COPY OF SUCH PERMIT, SHALL BE POSTED AND DISPLAYED AT ALL TIMES IN A CONSPICUOUS PLACE AT THE EVENT LOCATION DURING SUCH TIMES AS ALCO- HOLIC BEVERAGES ARE BEING SOLD OR SERVED. S 4. This act shall take effect on the one hundred eightieth day after it shall have become a law.