Authorizes the sharing of gross revenues for the sale of alcohol at stadiums, arenas or other places of entertainment with the owner or operator of the premises.
Ayes (57): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Dilan, Farley, Felder, Flanagan, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Kennedy, Klein, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousins, Tkaczyk, Valesky, Young, Zeldin
Nays (2): Hoylman, Krueger
Excused (2): Diaz, Espaillat
TITLE OF BILL: An act to amend the alcoholic beverage control law, in relation to sharing gross revenues at stadiums, arenas or other places of entertainment
PURPOSE OF THE BILL: To allow greater flexibility in agreements between concession operators and team owners in relation to the sharing of gross revenues.
SUMMARY OF PROVISIONS: Section 1 Amends the alcohol beverage control law to make clear that any person who holds a license to serve alcoholic beverages on premise for a stadium of arena that has a capacity of 45,000 people or more may share revenue with the owner or operator of the premises.
Section 2 Sets forth the effective date.
JUSTIFICATION: On a nationwide basis, most sport and entertainment venues which are built on public land are controlled by an entity other than the actual holder of the license to sell alcoholic beverages at the facility. Under current New York law, the holder of the liquor license is precluded from sharing proceeds from the sale of alcoholic beverages with a person or entity not named on the license. New York is one of only two states who maintain this prohibition and it is long past time that this roadblock to building better business to business relationships in the sports and entertainment sector was eliminated.
The proposed bill deals only with "premises operating as a stadium, arena or place of entertainment having a permanent seating capacity in excess of eighteen thousand persons." The bill is further limited to facilities located "on real property owned by the State of New York or a political subdivision thereof."
This proposal gives the authority the ability to issue licenses where the holder of the license will be authorized to share gross revenues from the sale of alcoholic beverages with the owner or operator of the premises. This will make New York law consistent with nationwide business practices for sport and entertainment venues.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 7312--B Cal. No. 977 IN SENATE May 9, 2014 ___________Introduced by Sens. MAZIARZ, KENNEDY -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government 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 -- again 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 shar- ing gross revenues at stadiums, arenas or other places of enter- tainment THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The opening paragraph of section 111 of the alcoholic beverage control law is designated subdivision 1 and a new subdivision 2 is added to read as follows: 2. NOTWITHSTANDING ANY OF THE FOREGOING, ANY PERSON TO WHICH THE AUTHORITY ISSUES A LICENSE, PURSUANT TO THIS CHAPTER OR CHAPTER ONE HUNDRED EIGHTY OF THE LAWS OF NINETEEN HUNDRED THIRTY-THREE, FOR ANY PREMISES OPERATING AS A STADIUM, ARENA OR PLACE OF ENTERTAINMENT HAVING A PERMANENT SEATING CAPACITY IN EXCESS OF FORTY-FIVE THOUSAND PERSONS, IS EXPRESSLY AUTHORIZED TO SHARE GROSS REVENUES DERIVED FROM THE SALE OF ALCOHOLIC BEVERAGES AT SUCH STADIUM, ARENA OR PLACE OF ENTERTAINMENT WITH THE OWNER OR OPERATOR OF THE PREMISES, PROVIDED THAT SUCH STADIUM, ARENA OR PLACE OF ENTERTAINMENT IS LOCATED ON REAL PROPERTY OWNED BY THE STATE OF NEW YORK OR A POLITICAL SUBDIVISION THEREOF. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15108-04-4