Authorizes the sale of alcoholic beverages on Sundays and Christmas day; makes related changes.
TITLE OF BILL: An act to amend the alcoholic beverage control law, in relation to the selling of alcoholic beverages; and to repeal certain provisions of such law relating thereto
PURPOSE: To allow for the sale of alcoholic beverages on Sundays and on Christmas day.
SUMMARY OF PROVISIONS: Section 1 amends paragraph (a) of subdivision 14 of section 105 of the alcoholic beverage control law to allow for the sale of alcohol for off-premises consumption on Sundays and Christmas day.
Section 2 repeals section 105-a of the alcoholic beverage control law.
Section 3 amends subdivision of 5 of section 106 of the alcoholic beverage control law, to provide for the sale of alcohol for consumption on-premises on any day except during the hours between four am and eight am.
Section 4 sets the effective date.
EXISTING LAW: No premises licensed to sell liquor are permitted to open before noon on Sundays or remain open after nine o'clock p.m., nor are they permitted to open on Christmas day.
JUSTIFICATION: Current prohibitions from selling alcoholic beverages at certain hours on Sunday mornings no longer serve a legitimate public policy purpose. In addition, these laws negatively impact small businesses by forcing them to refuse sales they would otherwise be able to make on any other day of the week, and prevent restaurants from offering alcoholic beverages for sale at Sunday brunch.
LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: Increased revenue for retailers.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 351 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. GALLIVAN -- 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 the selling of alcoholic beverages; and to repeal certain provisions of such law relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (a) of subdivision 14 of section 105 of the alco- holic beverage control law, as amended by section 1 of part U of chapter 63 of the laws of 2003, is amended to read as follows: (a) No premises licensed to sell liquor and/or wine for off-premises consumption shall be permitted to remain open
[: (i) On Sunday before twelve o'clock post meridian and after nine o'clock post meridian. (ii) On]ON any day between midnight and eight o'clock antemeridian. [(iii) On the twenty-fifth day of December, known as Christmas day.]In any community where daylight saving time is in effect, such time shall be deemed the standard time for the purpose of this subdivision. S 2. Section 105-a of the alcoholic beverage control law is REPEALED. S 3. 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: 5. 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 [, during the following hours: (a) Sunday, from four ante meridiem to twelve noon. (b) On]ON any [other]day between four ante meridiem and eight ante meridiem.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02104-01-3 S. 351 2
Unless otherwise approved by the authority pursuant to subdivision eleven of section seventeen of this chapter, where any rule has been adopted in a county on or before April first, nineteen hundred ninety- five, further restricting the hours of sale for alcoholic beverages, such restricted hours shall be the hours, during which the sale of alco- holic beverages at retail for on-premises consumption shall not be permitted within such county. Nor shall any person be permitted to consume any alcoholic beverages upon any such premises later than one-half hour after the start of the prohibited hours of sale provided for in this section. S 4. This act shall take effect immediately.