Removes provisions requiring licensed premises to comply at all times with the regulations of the local department of health.

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S353-2013 Actions

• Jan 9, 2013: REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS

S353-2013 Memo

BILL NUMBER:S353

TITLE OF BILL:
An act
to amend the alcoholic beverage control law, in relation to special
license to sell liquor at retail for consumption on the premises

PURPOSE:
To remove redundant language from section 64-a of the Alcohol Beverage
Control Law that a licensed premises shall comply with all
regulations of the local department of health.

SUMMARY OF PROVISIONS:
Section one eliminates redundant language from section 64-a of the
Alcohol Beverage Control Law that a licensed premises shall comply
with all regulations of the local department of health.
Section two of this bill provides an immediate effective date.

EXISTING LAW:
Language in section 64-a requires all licensees under the section to
operate in compliance with the health code.

JUSTIFICATION:
No such language appears in any other section of the ABC law. It's
inclusion in the law is most likely because, when written, 64-a
provided the opportunity for on-premise consumption of alcohol with
limited food service for the first time and at that time legislators
felt that it was important to indicate the health code would be
applicable. Today it is well established that all on premise licensees
must comply with the health code, and such compliance is enforced by
departments of health. However, operators licensed pursuant to
section 64-a are cited for health code violations by the SLA as a
result of the current language. It is not the proper purview of the
SLA to be enforcing local health codes, such enforcement should be
left to the departments of health, as it currently is for operators
licensed pursuant to sections 64, 64-b, 64-c, and 64-d.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediate.

S353-2013 Text

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

                                     353

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  Introduced  by Sen. GALLIVAN -- 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
    special license to sell liquor at retail for consumption on the  prem-
    ises

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


    Section 1. Subdivision 8 of section 64-a  of  the  alcoholic  beverage
  control  law, as added by chapter 531 of the laws of 1964, is amended to
  read as follows:

    8. Every special on-premises licensee shall regularly keep food avail-
  able for sale to its customers for  consumption  on  the  premises.  The
  availability  of  sandwiches, soups or other foods, whether fresh, proc-
  essed, pre-cooked or  frozen,  shall  be  deemed  compliance  with  this
  requirement.  [The  licensed premises shall comply at all times with all
  the regulations of the local department of health.] Nothing contained in
  this subdivision, however, shall be construed to require that  any  food
  be  sold or purchased with any liquor, nor shall any rule, regulation or
  standard be promulgated or enforced requiring that the sale of  food  be
  substantial  or  that  the  receipts of the business other than from the
  sale of liquor equal any set percentage of  total  receipts  from  sales
  made therein.
    S 2. This act shall take effect immediately.



   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD02144-01-3