Removes the street level entrance requirement for licenses for selling alcohol at retail for consumption off the premises.
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
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when municipalities are attempting to redevelop their downtowns and illegal liquor stores are no longer an issue, this outdated provision of the law is no longer necessary.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.
STATE OF NEW YORK ________________________________________________________________________ 7253 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 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