Bill S3616-2013

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

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

Details

Actions

  • Jan 28, 2014: referred to economic development
  • Jan 28, 2014: DELIVERED TO ASSEMBLY
  • Jan 28, 2014: PASSED SENATE
  • Jan 23, 2014: ADVANCED TO THIRD READING
  • Jan 22, 2014: 2ND REPORT CAL.
  • Jan 14, 2014: 1ST REPORT CAL.25
  • Jan 8, 2014: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • Jan 8, 2014: returned to senate
  • Jan 8, 2014: died in assembly
  • 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

Votes

VOTE: COMMITTEE VOTE: - Investigations and Government Operations - May 7, 2013
Ayes (8): Marcellino, Carlucci, Golden, Nozzolio, O'Mara, Zeldin, Hoylman, Squadron
Nays (1): Diaz
VOTE: COMMITTEE VOTE: - Investigations and Government Operations - Jan 14, 2014
Ayes (8): Marcellino, Carlucci, Golden, Nozzolio, O'Mara, Zeldin, Hoylman, Squadron
Nays (1): Diaz

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when municipalities are attempting to redevelop their downtowns and illegal liquor stores are no longer an issue, this outdated provision of the law is no longer necessary.

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 addition, 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.


Text

STATE OF NEW YORK ________________________________________________________________________ 3616 2013-2014 Regular Sessions IN 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.

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