S5641-2011 - NY Senate Open Legislation - Relates to licensure of exhibits or entertainment on fair grounds

Relates to licensure of exhibits or entertainment on fair grounds.

Sponsor: RITCHIE

Co-sponsor(s): GALLIVAN, MAZIARZ

Law Section: Agriculture and Markets Law
Law: Amd S290, Ag & Mkts L; amd S1409, N-PC L

S5641-2011 Actions

Jun 21, 2012: COMMITTED TO RULES
Jun 21, 2012: RESTORED TO THIRD READING
Jun 21, 2012: SUBSTITUTION RECONSIDERED
Jun 20, 2012: SUBSTITUTED BY A8329A
May 31, 2012: AMENDED ON THIRD READING 5641A
Mar 12, 2012: ADVANCED TO THIRD READING
Mar 7, 2012: 2ND REPORT CAL.
Mar 6, 2012: 1ST REPORT CAL.289
Jan 4, 2012: REFERRED TO AGRICULTURE
Jun 8, 2011: REFERRED TO AGRICULTURE

S5641-2011 Meetings

Agriculture: Jan 19, 2012, Agriculture: Mar 6, 2012

S5641-2011 Calendars

S5641-2011 Votes

VOTE: COMMITTEE VOTE: - Agriculture - Mar 6, 2012

Ayes (9): Ritchie, Gallivan, O'Mara, Ranzenhofer, Seward, Young, Kennedy, Huntley, Valesky
Nays (1): Avella

S5641-2011 Memo

BILL NUMBER:S5641

TITLE OF BILL:
An act
to amend the agriculture and markets law and the not-for-profit
corporation law, in relation to licensure of exhibits or entertainment
on fair grounds

PURPOSE:
This bill amends the agriculture and markets law relation to
the powers of association of farmers pertaining to the use of
agricultural fairgrounds and the not for profit corporation law in
relation to exhibitions and entertainments on fair grounds.

SUMMARY:
Section one amends the agriculture and markets law to clarify
that association of farmers are able to host exhibitions and events
on their fairgrounds in addition to those hosted during fair week.

Section two amends the not for profit corporation law to clarify that
agricultural fairgrounds can be used for exhibitions and events in
addition to fair week without the unnecessary involvement of local
governments, except in instances to protect the public health and
safety.

JUSTIFICATION:
This bill would remove the confusion
that currently
exists with regard to the authority of local municipalities over
activities on county fairgrounds. An agricultural or horticultural
corporation is a not-for-profit entity established for the purpose of
educating the general public about the agricultural industry and is
run and maintained by the local association of farmers. To accomplish
this mission, organization's board of directors must generate revenue
throughout the year to sustain operations to carry out its principal
mission. This need was anticipated and the not for profit corporation
law specifically exempts exhibitions and entertainments on fair
grounds from laws or ordinances imposed by local governments. Current
law exempts exhibitions or entertainments from the provisions of any
special or local law or municipal ordinance. However, the reference
to payment of a license fee adds confusion to the statute.

This confusion is best demonstrated in a lawsuit brought by the
village of Caledonia against the Livingston County Agricultural
Society and Fair in 2010. The judge in the decision noted that where
the wording of a statute is unclear it is up to the judiciary to
interpret what the legislature intended. This amendment eliminates
such confusion by clarifying language pertaining to the payment of a
license fee as well as the powers of association of farmers.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPACT:
None to the State.


EFFECTIVE DATE:
This act shall take effect immediately.

S5641-2011 Text


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

                                    5641

                         2011-2012 Regular Sessions

                              I N  SENATE

                                June 8, 2011
                                 ___________

  Introduced  by  Sen. RITCHIE -- read twice and ordered printed, and when
    printed to be committed to the Committee on Agriculture

  AN ACT to amend the agriculture and markets law and  the  not-for-profit
    corporation law, in relation to licensure of exhibits or entertainment
    on fair grounds

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


    Section 1. Section 290 of the agriculture and markets law  is  amended
  to read as follows:

    S 290. Association  of farmers; powers of. Any association of farmers,
  residing in any neighborhood, town or county  in  this  state,  now,  or
  hereafter  to  be organized, and acting under a constitution and by-laws
  adopted by themselves for their guidance, which shall be  filed  in  the
  clerk's  office  of  such  town or county and which are not inconsistent
  with the laws of this state, is hereby authorized to lease and  maintain
  grounds  and  structures  for the exhibition and sale of the products of
  their farms or their skill, and for the instruction  and  recreation  of
  its  members  and visitors. Any such association shall have authority to
  let, for rent, locations on their leased grounds to EXHIBITIONS,  ENTER-
  TAINMENTS,  shopmen and persons wishing to furnish suitable refreshments
  for victualing members and visitors OR FOR STORAGE OF PERSONAL  PROPERTY
  WHEN  PROPERTY  IS  AVAILABLE  FOR SUCH ACTIVITY; to license peddlers to
  sell on their grounds articles of merchandise, not forbidden to be  sold
  by any law of this state without license from the state; and in the name
  of  such  association and upon the action and direction of its officers,
  to sue for and collect the stipulated sums of such rentals and licenses,
  and to enforce the observance  of  its  rules  and  regulations  by  the
  several  members  of  its  association.  And  such association is hereby
  empowered to issue certificates  of  indebtedness  in  amounts  of  five
  dollars  each,  providing that the whole amount shall not exceed the sum
  of one thousand dollars, which they may sell at a price  not  below  the

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD13022-01-1

 S. 5641                             2

  par  value thereof, for the purpose of raising money for the erection of
  buildings, or for such other improvements as may be deemed necessary  by
  a majority of the members of such association.
    S  2.  Paragraph (k) of section 1409 of the not-for-profit corporation
  law is amended to read as follows:

    (k) Exhibitions and entertainments on fair grounds to be  exempt  from
  license.
    The  provisions  of  any  special or local law or municipal ordinance,
  requiring the payment of a license fee for exhibitions or entertainments
  OR REQUIRING THAT AN APPROVAL BE OBTAINED  FROM  ANY  LOCAL  GOVERNMENT,
  EXCEPT  AN  APPROVAL  REQUIRED  TO  PROTECT THE PUBLIC HEALTH OR SAFETY,
  shall not apply to any exhibition or entertainment held on  the  grounds
  of a town or county corporation whether or not the corporation derives a
  pecuniary  profit  from such exhibition or entertainment by the lease of
  its grounds for such purpose AND THE PROVISIONS OF ANY SPECIAL OR  LOCAL
  LAW  OR  MUNICIPAL ORDINANCE SHALL NOT BE CONSTRUED OR APPLIED TO UNREA-
  SONABLY PROHIBIT OR RESTRICT ANY AGRICULTURAL  OR  HORTICULTURAL  CORPO-
  RATION  RECEIVING  REIMBURSEMENT  PURSUANT TO ARTICLE TWENTY-FOUR OF THE
  AGRICULTURE AND MARKETS LAW FROM THE  CONSTRUCTION,  IMPROVEMENT,  RENO-
  VATION,  RELOCATION  OR  DEMOLITION  OF  ALL  OR ANY OF SUCH CORPORATION
  GROUNDS, BUILDINGS AND FACILITIES.
    S 3. This act shall take effect immediately.

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S5641-2011: Relates to licensure of exhibits or entertainment on fair grounds