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.

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S4859-2011 Actions

• Jun 21, 2012: COMMITTED TO RULES
• Jun 11, 2012: ADVANCED TO THIRD READING
• Jun 6, 2012: 2ND REPORT CAL.
• Jun 5, 2012: 1ST REPORT CAL.1026
• Jan 4, 2012: REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
• Apr 27, 2011: REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS

S4859-2011 Meetings

Commerce, Economic Development and Small Business: May 15, 2012, Commerce, Economic Development and Small Business: Jun 5, 2012

S4859-2011 Calendars

Floor Calendar: Jun 6, 2012 , Floor Calendar: Jun 11, 2012 , Floor Calendar: Jun 12, 2012 , Floor Calendar: Jun 13, 2012 , Floor Calendar: Jun 14, 2012 , Floor Calendar: Jun 18, 2012 , Floor Calendar: Jun 19, 2012 , Floor Calendar: Jun 20, 2012 , Floor Calendar: Jun 21, 2012

S4859-2011 Votes

S4859-2011 Memo

BILL NUMBER:S4859

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.

S4859-2011 Text

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

                                    4859

                         2011-2012 Regular Sessions

                              I N  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  BE

   EXPLANATION--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.