Bill S6764A-2013

Relates to pro rata license fees for seasonal bars

Relates to pro rata license fees for seasonal bars.

Details

Actions

  • Jun 17, 2014: referred to economic development
  • Jun 17, 2014: DELIVERED TO ASSEMBLY
  • Jun 17, 2014: PASSED SENATE
  • Jun 10, 2014: AMENDED ON THIRD READING 6764A
  • Jun 2, 2014: ADVANCED TO THIRD READING
  • May 29, 2014: 2ND REPORT CAL.
  • May 28, 2014: 1ST REPORT CAL.973
  • Mar 7, 2014: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Calendars

Votes

Memo

BILL NUMBER:S6764A

TITLE OF BILL: An act to amend the alcoholic beverage control law, in relation to lowering the alcohol license fees for seasonally operated bars

PURPOSE:

To establish pro rata license fees, based on the number of months in operation, that owners of seasonal bars pay for licensure.

SUMMARY OF PROVISIONS:

Section 1 amends subdivision 4 of section 100 of the Alcoholic Beverage Control Law to allow a licensed premise that operates a seasonal bar in addition to its licensed bar, to pay a prorated amount of the additional bar fee, based on the number of months in operation for its seasonal bar.

Section 2 authorizes the State Liquor Authority to promulgate any rules or regulations with regard to this act.

Section 3 makes the act effective on the ninetieth day after it becomes law, however, section 2 of this act shall take effect immediately.

JUSTIFICATION:

This legislation was drafted on behalf of a constituent who operates his indoor bar year-round but also operates an outdoor tiki bar at the same establishment, which is open for about half the year during warm weather months.

The New York State Liquor Authority requires a license for each bar. Even though the outdoor bar is strictly seasonal, the Authority mandates that the fee for this additional bar be equivalent to the amount of the annual license fee paid by the licensee. Currently it is $1800 for a two-year license.

There is no objection to needing two separate licenses in this situation, but there are reservations about paying full price for a license that is only used part of the time. The Governor has repeatedly stated "New York is Open for Business" but this State requirement is certainly hurting my constituent as well as many other already struggling small business owners. This legislation will allow a prorated fee for the license, based on the number of months in operation.

This will be financially palatable to seasonal bar operators.

LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPLICATIONS:

This bill would save many seasonally operated bars much needed money.

EFFECTIVE DATE:

This act shall take effect 90 days after it becomes law except effective immediately, any addition, amendment and/or repeal of any rule or regulation necessary for implementation of this act.


Text

STATE OF NEW YORK ________________________________________________________________________ 6764--A Cal. No. 973 IN SENATE March 7, 2014 ___________
Introduced by Sen. MARCHIONE -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment Operations -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the alcoholic beverage control law, in relation to lowering the alcohol license fees for seasonally operated bars THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 4 of section 100 of the alcoholic beverage control law, as amended by chapter 614 of the laws of 1984, is amended to read as follows: 4. Alcoholic beverages may be sold to be consumed on the premises at a bar, counter or similar contrivance. Only one such bar, counter or contrivance shall be permitted in any licensed premises, except that not more than two additional bars, counters or contrivances may be permitted by the liquor authority for good cause shown to it, and upon the payment to it of a fee, for each additional bar, equivalent to the amount of the annual license fee paid by the licensee [and except that] OR, IN THE CASE OF AN ADDITIONAL BAR, COUNTER OR CONTRIVANCE OPERATED ON A SEASONAL BASIS, A FEE EQUIVALENT TO THE AMOUNT OF THE ANNUAL LICENSE FEE PAID BY THE LICENSEE PRORATED FOR THE NUMBER OF MONTHS THAT THE SEASONAL BAR IS IN OPERATION. PROVIDED HOWEVER THAT: (A) if the licensed premises is a legitimate theatre or concert hall, or contiguous to and used in conjunction with a legitimate theatre or concert hall, additional bars, counters or contrivances may be permitted by the liquor authority upon payment to it of an annual fee of one hundred dollars for each such additional bar, counter or contrivance so permitted, in addition to the annual license fee paid by such licensee [and except that]; (B) if such licensed premises be located at a baseball park, race track, or either outdoor or indoor athletic field, facility, arena or stadium, additional bars, counters or contrivances where beer shall be sold at retail for consumption on the premises [maybe] MAY BE permitted
by the liquor authority, upon payment to it of the annual fee of thirty dollars for each such additional bar, counter or contrivance so permit- ted, in addition to the amount of the annual license fee paid by the licensee[, and except that]; AND (C) temporary portable bars, counters or contrivances shall be permit- ted in a ballroom, meeting room or private dining-room on the licensed premises of a hotel, restaurant or club during such time as said ball- room, meeting room or private dining-room is used for a private dinner, entertainment, meeting or similar affair to which members of the general public are not admitted. S 2. This act shall take effect on the ninetieth day after it shall have become a law; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.

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