Removes provisions requiring licensed premises to comply at all times with the regulations of the local department of health.
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.
STATE OF NEW YORK ________________________________________________________________________ 353 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 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