Removes the street level entrance requirement for licenses for selling alcohol at retail for consumption off the premises.

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S3616-2013 Actions

• May 22, 2013: referred to codes
• May 22, 2013: DELIVERED TO ASSEMBLY
• May 22, 2013: PASSED SENATE
• May 20, 2013: ADVANCED TO THIRD READING
• May 8, 2013: 2ND REPORT CAL.
• May 7, 2013: 1ST REPORT CAL.575
• Feb 7, 2013: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

S3616-2013 Meetings

Investigations and Government Operations: May 7, 2013

S3616-2013 Calendars

Active List: May 22, 2013 , Floor Calendar: May 8, 2013 , Floor Calendar: May 20, 2013 , Floor Calendar: May 21, 2013 , Floor Calendar: May 22, 2013

S3616-2013 Votes

S3616-2013 Memo

BILL NUMBER:S3616

TITLE OF BILL:  An act to amend the alcoholic beverage control law, in
relation to removing the street level entrance requirement for licenses
for selling alcohol at retail for consumption off the premises

PURPOSE: This legislation removes the requirement that stores selling
alcoholic beverages for off-premise consumptions be required to have a
street level entrance.

SUMMARY OF PROVISIONS:

Section 1: Eliminates the language requiring establishments which sell
alcoholic beverages for off-premise consumption have their principal
entrance at street level.

Section 2: Act shall take effect on the 180th day after it becomes law
and effective immediately repeals any rules or regulations necessary to
implement this act.

JUSTIFICATION: The current provision of law was put in place following
prohibition. The language was an attempt to uncover and eliminate speak
easy's and illegal clubs. In current times, when municipalities are
attempting to redevelop their downtowns and illegal liquor stores are no
longer an issue, this outdated provision of the law is no longer neces-
sary.

LEGISLATIVE HISTORY:  2012: S. 7253 Passed Senate/A. 10617 Codes

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the one hundred twentieth
day after it shall have become a law. Effective immediately, in addi-
tion, amendment and/or repeal of any rules or regulations necessary for
the implementation of this act on its effective date is authorized to be
made on or before such date.

S3616-2013 Text

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

                                    3616

                         2013-2014 Regular Sessions

                              I N  SENATE

                              February 7, 2013
                                 ___________

  Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
    when printed to be committed to the Committee  on  Investigations  and
    Government Operations

  AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
    removing the street level entrance requirement for licenses for  sell-
    ing alcohol at retail for consumption off the premises

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


    Section 1. Subdivision 2 of section  105  of  the  alcoholic  beverage
  control  law,  as amended by chapter 536 of the laws of 1966, is amended
  to read as follows:

    2. No premises shall be licensed  to  sell  liquors  and/or  wines  at
  retail  for  off  premises  consumption,  unless  said premises shall be
  located in a store[, the principal entrance to which shall be  from  the
  street level and] located on a public thoroughfare in premises which may
  be occupied, operated or conducted for business, trade or industry or on
  an  arcade  or  sub-surface thoroughfare leading to a railroad terminal.
  There may be not more than one additional entrance which shall be  [from
  the  street level and] located on and giving access to and from a public
  or private parking lot or parking area having space for  not  less  than
  five automobiles.
    S 2. This act shall take effect on the one hundred twentieth day after
  it  shall have become a law. Effective immediately, the addition, amend-
  ment and/or repeal of any rules or regulations necessary for the  imple-
  mentation  of this act on its effective date is authorized to be made on
  or before such date.


   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD08468-01-3