Includes the Sons of the American Legion and the American Legion Auxiliary in the definition of "club," extending certain provisions to such groups.
TITLE OF BILL: An act to amend the alcoholic beverage control law, in relation to including the Sons of the American Legion and the American Legion Auxiliary as a club
PURPOSE: To amend the definition of club members of veterans clubs to allow membership in the Sons of American Legion and American Legion Auxiliary with possession an identification card indicating membership in the national organization to be accepted as membership in any of its New York State chapters.
SUMMARY OF PROVISIONS: Section 1: Amends subdivision 9 of section 3 of the Alcoholic Beverage Control Law by expanding the definition of club members to allow a person in possession of an identification card indicating membership in the national organization with the Sons of American Legion or American Legion Auxiliary to be accepted as membership in any of its New York State Chapters.
Section 2: The act will take effect immediately.
JUSTIFICATION: National veterans' organizations play an important role in the communities in which they are located. Additionally, these organizations provide camaraderie and moral support for men and women who have bravely defended our country in times of war.
Under current law, if a member of the national Sons of American Legion or American legion Auxiliary visits one of the organizations' New York affiliated chapters, they may not buy a drink for veterans or themselves unless they are a member of that particular club and have their name and address on file with that club. This legislation would allow members of the national organizations of the Sons of American Legion or the American Legion Auxiliary to have the same privileges as affiliated chapter members.
LEGISLATIVE HISTORY: New Bill.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 7252 IN SENATE May 2, 2012 ___________Introduced by Sen. MARCELLINO -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations AN ACT to amend the alcoholic beverage control law, in relation to including the Sons of the American Legion and the American Legion Auxiliary as a club THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 9 of section 3 of the alcoholic beverage control law, as amended by chapter 575 of the laws of 2005, is amended to read as follows: 9. "Club" shall mean an organization of persons incorporated pursuant to the provisions of the not-for-profit corporation law or the benevo- lent orders law, which is the owner, lessee or occupant of a building used exclusively for club purposes, and which does not traffic in alco- holic beverages for profit and is operated solely for a recreational, social, patriotic, political, benevolent or athletic purpose but not for pecuniary gain; except that where such club is located in an office or business building, or state armory, it may be licensed as such provided it otherwise qualifies as a "club" within the meaning of this subdivi- sion. A "luncheon club" shall mean a club which is open only on week days during the hours between eleven o'clock in the morning and three o'clock in the afternoon. A "member" of a club shall mean a person who whether a charter member or admitted in agreement with the by-laws of the club, has become a bona fide member thereof, who maintains his or her membership by the payment of his or her annual dues in a bona fide manner in accordance with the by-laws and whose name and address is entered on the list of members; or in the case of a veterans club where a person has in his or her possession an identification card indicating his or her membership in the national veterans' organization with which the club at which he or she is present is affiliated. For the purposes of this section a veterans club shall include but not be limited to the Grand Army of the Republic, the United Spanish War Veterans, the Veter- ans of Foreign Wars, the Jewish War Veterans of the United States, Inc.,EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15622-01-2 S. 7252 2
the Catholic War Veterans, Inc., the Italian American War Veterans of the United States, Incorporated, the Polish Legion of American Veterans, Inc., the Marine Corps League, the Military Order of the Purple Heart, Inc., the American Legion, the Disabled American Veterans, AMVETS, Amer- ican Veterans of World War II, Masonic War Veterans of the State of New York, Inc., Veterans of World War I of the United States of America Department of New York, Inc., China-Burma-India Veterans Association, Inc., Polish-American Veterans of World War II, the Sons of Union Veter- ans, Vietnam Veterans of America,
[or]the Eastern Paralyzed Veterans Association, THE SONS OF THE AMERICAN LEGION, OR THE AMERICAN LEGION AUXILIARY. In the case of a chapter or lodge of a not-for-profit corpo- ration or a benevolent order qualifying as an organization described in section 501(c)(8) or 501(c)(10) of the United States internal revenue code, a member of another chapter or lodge of such not-for-profit corpo- ration or benevolent order who has in his or her possession an identifi- cation card or other proof of membership shall be deemed to be a member. A club and a luncheon club shall appoint an alcoholic beverage officer from among its members who shall be responsible for filing all applica- tions and other documents required to be submitted to the authority. The person appointed alcoholic beverage officer shall be subject to approval by the authority. S 2. This act shall take effect immediately.