Authorizes automobile racing facilities to sell alcoholic beverages between the hours of 8:00 a.m. and noon on Sundays.

---

S3470-2013 Actions

• Feb 4, 2013: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

S3470-2013 Memo

BILL NUMBER:S3470

TITLE OF BILL:  An act to amend the alcoholic beverage control law, in
relation to automobile racing facilities

PURPOSE:  This bill would allow automobile racing facilities to sell
alcoholic beverages between 8:00 AM and noon on Sunday.

SUMMARY OF PROVISIONS:  Amends Section 3 of the alcohol beverage control
law to add the definition of an "automobile racing facility". Amends
subdivision 2 to exclude automobile racing facilities from the governing
hours of sale for restaurants, taverns and other on-premises establish-
ments and adds a new subdivision 5-a to Section 106 of the alcoholic
beverage control law which provides for the hours during which alcoholic
beverages may be sold at automobile racing facilities.

EXISTING LAW:  The hour of sale of alcoholic beverages at automobile
racing facilities are currently governed by the hours of sale for
retailers licensed to sell alcoholic beverages for consumption on-prem-
ises.  Current law prohibits the sale of alcoholic beverages at any
on-premises location, including automobile racing facilities, on Sunday
between 4:00 AM and noon and on all other days between 4:00 AM and 8:00
AM.

JUSTIFICATION:  Since the repeal of Prohibition, on-premises alcoholic
beverage licenses have been prohibited from selling alcohol on Sunday
before noon. A similar restriction on off-premises grocery, beer and
wine products licensees was relaxed in 2006 to allow for the sale of
alcoholic beverages by these licensees as early as 8:00 AM on Sundays in
recognition of the changing times and habits of the populace.

Automobile racing facilities and the members of the public attending
such events have changed over time as well. Watkins Glen International,
the only automobile racing facility that will qualify for expanded hours
of sale under this bill, serves as a vehicle for tourism and economic
development in the Southern Tier of New York. During most of the races
the average fan stays in the region for 3.5 days helping boost the local
economy. Most of their events take place over weekends. Attendees at the
events often camp on site bringing with them food and beverage purchased
off the premises. Existing law allows them to purchase alcohol at off-
premises locations between 8:00 AM and noon on Sundays, but then they
cannot legally consume those beverages on site due to current
restrictions. This bill will eliminate that problem making it easier for
the automobile racing fans to enjoy their experience while being compli-
ant with the law. While this bill expands the ability of automobile
racing facilities to serve on Sundays, it still prevents alcoholic
beverage sales between 3:00 AM and 8:00 AM.

LEGISLATIVE HISTORY: None

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: Immediately

S3470-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    3470

                         2013-2014 Regular Sessions

                              I N  SENATE

                              February 4, 2013
                                 ___________

  Introduced  by  Sen.  O'MARA -- read twice and ordered printed, and when
    printed to be committed to the Committee on Investigations and Govern-
    ment Operations

  AN ACT to amend the alcoholic beverage control law, in relation to auto-
    mobile racing facilities

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1.  Section 3 of the alcoholic beverage control law is amended
  by adding a new subdivision 20-f to read as follows:

    20-F. "AUTOMOBILE RACING FACILITY" MEANS ANY CLOSED-COURSE MOTORSPORTS
  COMPLEX AND ITS ANCILLARY GROUNDS THAT HAS AT LEAST FIFTY THOUSAND FIXED
  SEATS  FOR  RACE PATRONS AND HOSTS AT LEAST ONE NASCAR SPRINT CUP SERIES
  RACE AND AT LEAST TWO OTHER NATIONALLY  RECOGNIZED  RACING  EVENTS  EACH
  CALENDAR YEAR.
    S  2.  The  opening  paragraph  of subdivision 5 of section 106 of the
  alcoholic beverage control law, as amended by chapter 83 of the laws  of
  1995, is amended to read as follows:

    No  alcoholic  beverages shall be sold, offered for sale or given away
  upon any premises licensed to sell alcoholic  beverages  at  retail  for
  on-premises consumption, EXCEPT AUTOMOBILE RACING FACILITIES, during the
  following hours:

    S  3.  Section 106 of the alcoholic beverage control law is amended by
  adding a new subdivision 5-a to read as follows:

    5-A. NO ALCOHOLIC BEVERAGES SHALL BE SOLD, OFFERED FOR SALE  OR  GIVEN
  AWAY  UPON  AN  AUTOMOBILE  RACING  FACILITY  LICENSED TO SELL ALCOHOLIC
  BEVERAGES AT RETAIL FOR ON-PREMISES CONSUMPTION BETWEEN FOUR ANTE  MERI-
  DIEM AND EIGHT ANTE MERIDIEM.
    S 4. This act shall take effect immediately.


   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD08535-01-3