S7253-2011 - NY Senate Open Legislation - Removes the street level entrance requirement for licenses for selling alcohol at retail for consumption off the premises

Removes the street level entrance requirement for licenses for selling alcohol at retail for consumption off the premises.

Sponsor: MARCELLINO / Committee: ECONOMIC DEVELOPMENT
Law Section: Alcoholic Beverage Control Law / Law: Amd S105, ABC L

S7253-2011 Actions

Jun 11, 2012: referred to economic development
Jun 11, 2012: DELIVERED TO ASSEMBLY
Jun 11, 2012: PASSED SENATE
Jun 5, 2012: ADVANCED TO THIRD READING
Jun 4, 2012: 2ND REPORT CAL.
May 31, 2012: 1ST REPORT CAL.978
May 2, 2012: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

S7253-2011 Meetings

Investigations and Government Operations: May 31, 2012

S7253-2011 Calendars

Active List: Jun 11, 2012 , Floor Calendar: Jun 4, 2012 , Floor Calendar: Jun 5, 2012 , Floor Calendar: Jun 6, 2012 , Floor Calendar: Jun 11, 2012

S7253-2011 Votes

VOTE: COMMITTEE VOTE: - Investigations and Government Operations - May 31, 2012

Ayes (6): Marcellino, Alesi, Golden, Nozzolio, Zeldin, Squadron
Ayes W/R (1): Peralta
Excused (1): Diaz

VOTE: FLOOR VOTE: - Jun 11, 2012

Ayes (59): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Johnson, Kennedy, Klein, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Storobin, Valesky, Young, Zeldin
Excused (3): Espaillat, Huntley, Krueger

S7253-2011 Memo

BILL NUMBER:S7253

TITLE OF BILL:
An act
to amend the alcoholic beverage control law, in relation to removing the
street level entrance requirement for licenses for selling alcohol at
retail for consumption off the premises

PURPOSE:
This legislation removes the requirement that stores selling
alcoholic beverages for off-premise consumptions be required to have
a street level entrance.

SUMMARY OF PROVISIONS:

Section 1: Eliminates the language requiring establishments which sell
alcoholic beverages for off-premise consumption have their principal
entrance at street level.

Section 2: Act shall take effect on the 180th day after it becomes law
and effective immediately repeals any rules or regulations necessary
to implement this act.

JUSTIFICATION:
The current provision of law was put in place
following prohibition. The language was an attempt to uncover and
eliminate speak easy's and illegal clubs. In current times, when
municipalities are attempting to redevelop their downtowns and
illegal liquor stores are no longer an issue, this outdated provision
of the law is no longer necessary.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the one
hundred
twentieth day after it shall have become a law. Effective
immediately, in addition, amendment and/or repeal of any rules or
regulations necessary for the implementation of this act on its
effective date is authorized to be made on or before such date.

S7253-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                          7253
 I N  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
 removing the street level entrance requirement for licenses for  sell
 ing alcohol at retail for consumption off the premises
 

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

 

Section 1. Subdivision 2 of section  105  of  the  alcoholic  beverage
 control  law,  as amended by chapter 536 of the laws of 1966, is amended
 to read as follows:

 2. No premises shall be licensed  to  sell  liquors  and/or  wines  at
 retail  for  off  premises  consumption,  unless  said premises shall be
 located in a store[, the principal entrance to which shall be  from  the
 street level and] located on a public thoroughfare in premises which may
 be occupied, operated or conducted for business, trade or industry or on
 an  arcade  or  sub-surface thoroughfare leading to a railroad terminal.
 There may be not more than one additional entrance which shall be  [from
 the  street level and] located on and giving access to and from a public
 or private parking lot or parking area having space for  not  less  than
 five automobiles.
 

S 2. This act shall take effect on the one hundred twentieth day after
 it  shall have become a law. Effective immediately, the addition, amend
 ment and/or repeal of any rules or regulations necessary for the  imple
 mentation  of this act on its effective date is authorized to be made on
 or before such date.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD15586-01-2

S7253-2011: Removes the street level entrance requirement for licenses for selling alcohol at retail for consumption off the premises