Permits a retail tobacco business licensed to sell liquor on the premises to allow smoking in the same area where the liquor is sold when: (a) the sale of alcoholic beverages for on-premise consumption does not exceed 10% of the receipts of the business; (b) the business was in existence prior to 1947; and (c) the smoking area is not open to the general public and is used exclusively by members and guests of a club sponsored by the retail tobacco business when the membership fees or dues are at least $1,000 a year.
TITLE OF BILL: An act to amend the alcoholic beverage control law, in relation to permitting a retail tobacco business licensed to sell liquor on the premises to allow smoking in the same area where the liquor is sold
PURPOSE: The purpose of this bill is to allow only well-established retail tobacco businesses that are exempt from the prohibition of smoking in indoor areas open to the public, to hold, on a limited basis, a license to sell alcoholic beverages for on-premises consumption.
SUMMARY OF PROVISIONS: Section 1: Amends Alcoholic Beverage Control Law section 64 to permit retail tobacco businesses, as defined under Public Health Law section 1399-n, to hold a license to sell alcoholic beverages for on-premises consumption. At such exempted premises, patrons may smoke tobacco products. To limit the number of establishments that may hold such a license to simultaneously sell tobacco products at retail and to serve food and alcoholic beverages for on-premises consumption, the license may only be issued to: a) the sale of alcoholic beverages is limited to no more than 10% of the amount of tobacco products sold so that the primary activity of such retailer remains the sale of tobacco products, b) an established retail tobacco business established prior to 1947, and c) such area where alcoholic beverages are sold is open only for members of a club sponsored by such tobacco retail establishment or to guests of such club members, and membership in such a club requires at least the payment of $1,000 annually in membership fees or dues.
JUSTIFICATION: Under existing law, certain businesses are exempt from the prohibition of smoking in indoor areas open to the public. Those areas include retail tobacco sales businesses, those areas of a hotel or convention center that are temporarily devoted to tobacco sales conventions or meetings, certain cigar bars, and membership organizations that allow smoking at their facilities. All of these areas where smoking is permitted are areas where all patrons are either smokers or consent to enter a room where smoking is permitted. This amendment merely expands the definition of areas where smoking is permitted to include other areas where all of the participants are exclusively in the process purchasing tobacco products or consuming them after their purchase.
LEGISLATIVE HISTORY: 2009-10: S.6179 Advanced to Third Reading, A.8982 Referred to Economic Development
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect ninety days after it shall have become law. The State Liquor Authority shall be authorized to promulgate rules
and regulations prior to such effective date to implement the provisions of this act.
STATE OF NEW YORK ________________________________________________________________________ 4859 2011-2012 Regular Sessions IN SENATE April 27, 2011 ___________Introduced by Sen. GOLDEN -- 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 permitting a retail tobacco business licensed to sell liquor on the premises to allow smoking in the same area where the liquor is sold THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 64 of the alcoholic beverage control law is amended by adding a new subdivision 10 to read as follows: 10. NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION, SUCH PREMISES THAT IS WITHIN THE DEFINITION OF A RETAIL TOBACCO BUSINESS, AS DEFINED IN SECTION THIRTEEN HUNDRED NINETY-NINE-N OF THE PUBLIC HEALTH LAW, MAY HOLD A LICENSE TO SELL LIQUOR AT RETAIL FOR CONSUMPTION ON THE PREMISES AND SERVE FOOD IN COMPLIANCE WITH SUCH LICENSE AS LONG AS THE FOLLOWING CONDITIONS ARE MET TO THE SATISFACTION OF THE AUTHORITY: (A) THE SALE OF LIQUOR OR OTHER ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION AT SUCH RETAIL TOBACCO BUSINESS SHALL NOT EXCEED TEN PERCENT OF THE RECEIPTS OF THE RETAIL SALE OF TOBACCO PRODUCTS AND ACCESSORIES AT SUCH PREMISES; (B) ONLY A RETAIL TOBACCO BUSINESS, OR THE SUCCESSOR TO SUCH BUSINESS, THAT WAS IN EXISTENCE PRIOR TO NINETEEN HUNDRED FORTY-SEVEN MAY APPLY FOR SUCH A LICENSE TO SIMULTANEOUSLY SELL LIQUOR AT RETAIL FOR ON-PREM- ISES CONSUMPTION; AND (C) SUCH SMOKING AREA THAT IS THE PREMISES FOR ON-PREMISES CONSUMPTION OF LIQUOR SHALL NOT BE OPEN TO THE GENERAL PUBLIC AND MUST BE EXCLUSIVELY USED ONLY BY MEMBERS AND GUESTS OF SUCH MEMBERS OF A CLUB ASSOCIATED WITH AND SPONSORED BY SUCH RETAIL TOBACCO BUSINESS. MEMBERSHIP TO SUCH CLUB SHALL REQUIRE AT LEAST THE PAYMENT OF ONE THOUSAND DOLLARS ANNUALLY IN MEMBERSHIP FEES OR DUES. SUCH CLUB MAY ALSO CONDUCT LECTURES, SEMINARS, AND SPECIAL EVENTS FOR ITS MEMBERS ON SUCH PREMISES. SUCH APPLICATION SHALL BE IN SUCH FORM AND SHALL CONTAIN SUCH INFORMATION AS SHALL BE REQUIRED BY THE AUTHORITY AND SHALL BEEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09327-02-1 S. 4859 2
ACCOMPANIED BY A CHECK OR DRAFT IN THE AMOUNT REQUIRED BY THIS ARTICLE FOR SUCH LICENSE. THIS SUBDIVISION SHALL SUPERSEDE THE PROVISIONS OF SECTION THIRTEEN HUNDRED NINETY-NINE-R OF THE PUBLIC HEALTH LAW WITH RESPECT TO ANY REGULATIONS OR LOCAL LAWS ADOPTED BY A CITY WITH A POPU- LATION OF ONE MILLION OR MORE AND SHALL PERMIT SUCH RETAIL TOBACCO BUSI- NESS TO HAVE A LICENSE TO SELL LIQUOR OR OTHER ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION, SERVE FOOD IN COMPLIANCE WITH SUCH LICENSE, AND TO SMOKE IN SUCH INDOOR AREAS OPEN TO THE PUBLIC. S 2. This act shall take effect on the ninetieth day after it shall have become a law. The state liquor authority shall be authorized to promulgate rules and regulations prior to such effective date to imple- ment the provisions of this act.