Authorizes automobile racing facilities to sell alcoholic beverages between the hours of 8:00 a.m. and noon on Sundays.
TITLE OF BILL: An act to amend the alcoholic beverage control law, in relation to automobile racing facilities
PURPOSE: This bill would allow automobile racing facilities to sell alcoholic beverages between 8:00 AM and noon on Sunday.
SUMMARY OF PROVISIONS: Amends Section 3 of the alcohol beverage control law to add the definition of an "automobile racing facility". Amends subdivision 5 to exclude automobile racing facilities from the governing hours of sale for restaurants, taverns and other on-premises establishments and adds a new subdivision 5-a to Section 106 of the alcoholic beverage control law which provides for the hours during which alcoholic beverages may be sold at automobile racing facilities.
EXISTING LAW: The hour of sale of alcoholic beverages at automobile racing facilities are currently governed by the hours of sale for retailers licensed to sell alcoholic beverages for consumption on-premises. Current law prohibits the sale of alcoholic beverages at any on-premises location, including automobile racing facilities, on Sunday between 4:00 AM and noon and on all other days between 4:00 AM and 8:00 AM.
JUSTIFICATION: Since the repeal of Prohibition, on-premises alcoholic beverage licenses have been prohibited from selling alcohol on Sunday before noon. A similar restriction on off-premises grocery, beer and wine products licensees was relaxed in 2006 to allow for the sale of alcoholic beverages by these licensees as early as 8:00 AM on Sundays in recognition of the changing times and habits of the populace.
Automobile racing facilities and the members of the public attending such events have changed over time as well. Watkins Glen International, the only automobile racing facility that will qualify for expanded hours of sale under this bill, serves as a vehicle for tourism and economic development in the Southern Tier of New York. During most of the races the average fan stays in the region for 3.5 days helping boost the local economy. Most of their events take place over weekends. Attendees at the events often camp on site bringing with them food and beverage purchased off the premises. Existing law allows them to purchase alcohol at off-premises locations between 8:00 AM and noon on Sundays, but then they cannot legally consume those beverages on site due to current restrictions. This bill will eliminate that problem making it easier for the automobile racing fans to enjoy their experience while being
compliant with the law. While this bill expands the ability of automobile racing facilities to serve on Sundays, it still prevents alcoholic beverage sales between 3:00 AM and 8:00 AM.
LEGISLATIVE HISTORY: None.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 4795 2011-2012 Regular Sessions IN SENATE April 25, 2011 ___________Introduced by Sen. O'MARA -- 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 auto- mobile racing facilities THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 3 of the alcoholic beverage control law is amended by adding a new subdivision 20-d to read as follows: 20-D. "AUTOMOBILE RACING FACILITY" MEANS ANY CLOSED-COURSE MOTORSPORTS COMPLEX AND ITS ANCILLARY GROUNDS THAT HAS AT LEAST FIFTY THOUSAND FIXED SEATS FOR RACE PATRONS AND HOSTS AT LEAST ONE NASCAR SPRINT CUP SERIES RACE AND AT LEAST TWO OTHER NATIONALLY RECOGNIZED RACING EVENTS EACH CALENDAR YEAR. S 2. The opening paragraph of 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: 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, EXCEPT AUTOMOBILE RACING FACILITIES, during the following hours: S 3. Section 106 of the alcoholic beverage control law is amended by adding a new subdivision 5-a to read as follows: 5-A. NO ALCOHOLIC BEVERAGES SHALL BE SOLD, OFFERED FOR SALE OR GIVEN AWAY UPON AN AUTOMOBILE RACING FACILITY LICENSED TO SELL ALCOHOLIC BEVERAGES AT RETAIL FOR ON-PREMISES CONSUMPTION BETWEEN FOUR ANTE MERI- DIEM AND EIGHT ANTE MERIDIEM. S 4. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10985-01-1