BILL NUMBER:S6968

TITLE OF BILL:  An act to repeal subdivision 9 of section 106 of the
alcoholic beverage control law, relating to restrictions on the
location of licensed retail establishments

Purpose of the Bill:

This bill would amend the Alcoholic Beverage Control Law ("ABCL") to
remove prohibition era ingress/egress restrictions as well as the ban
on frosted or stained glass windows for on-premises wine and liquor
licenses.

Summary of Provisions:

Section 1 of the bill would repeal ABCL § 106(9) to remove several
ingress/egress restrictions as well as the ban on frosted or stained
glass windows for full on-premises wine and liquor license applicants,
thereby enabling the licensing of full on-premises wine and liquor
licenses in multi-unit buildings.

Section 2 states that this act shall take effect immediately.

Existing Law:

Current ABCL § 106(9) sets forth several ingress/egress restrictions
              

for full on-premises wine and liquor licenses that limit the types of
buildings and locations where they can be located, as follows:

9. No restaurant and no premises licensed to sell liquors and/or wines
for on-premises consumption under clause (a) of subdivision six of
section sixty-four-a of this chapter shall be permitted to have any
opening or means of entrance or passageway for persons or things
between the licensed premises and any other room or place in the
building containing the licensed premises, or any adjoining or
abutting premises, unless such licensed premises are in a building
used as a hotel and serves as a dining room for guests of such hotel,
or unless such premises are a bona fide restaurant with such access
for patrons and guests from any part of such building or adjoining or
abutting premises as shall serve public convenience in a reasonable
and suitable manner; or unless such licensed premises are in a
building owned or operated by any county, town, city, village or
public authority or agency, in a park or other similar place of public
accommodation.

It also contains a prohibition era ban on glass in any window or door
of full on-premises wine and liquor licenses that is opaque, colored,
stained or frosted.

Prior Legislative History:

This is a new bill.

Statement in Support:

ABCL § 106(9) was enacted at the end of Prohibition in 1934 to help
combat the proliferation of illegal clubs and speakeasies by requiring


licensed premises to have a clear view of the entire interior for easy
monitoring by police and by barring interior access to other
businesses or unmonitored ingress/egress by patrons. The SLA believes
that ABCL § 106(9) no longer serves any useful purpose and recommends
repeal of same in its entirety. This initiative would help encourage
business opportunities by removing outdated, prohibition era location
restrictions on restaurants and taverns - thereby enabling the
licensing of full on-premises wine and liquor licenses in multi-unit
buildings.

Budget Implications:

None.

Local Impact:

None.

Effective Date:

This bill would take effect immediately.