S762-2013 Actions

• Jan 9, 2013: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

S762-2013 Memo

BILL NUMBER:S762

TITLE OF BILL:
An act
to amend the alcoholic beverage control law, in relation to provisions
governing the location and layout of premises of licensed retailers

PURPOSE:
This bill will provide more flexibility to business owners in
designing the layout of a liquor store.

SUMMARY OF PROVISIONS:
Section 1. Amends subdivisions 2 and 10 of section 105 of the
alcoholic beverage control law , subdivision 2 as amended by chapter
536 of the laws of 1966 and paragraph (a) of subdivision 10 as
amended by chapter 679 of the laws of 1950 by no longer limiting a
liquor store to two entrances and no longer limiting the location of
a liquor store's primary entrance to the street level.

Section 2. Effective date.

EXISTING LAW:
Current law requires that the entrances to a liquor store are at the
street level and limits the number of entrances to two.

JUSTIFICATION:
This is an archaic law that was put into place immediately after
prohibition, when suspicions of criminal activity were warranted.
Today, the sale of liquor is part of a mature and legitimate industry
where such scrupulous regulations are no longer necessary. This bill
ensures that liquor stores are still regulated, without strictly
limiting the locations where entrepreneurs can chose to locate their
stores.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

S762-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          762
 2013-2014 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 9, 2013
 
 Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
 printed to be committed to the Committee on Investigations and Govern
 ment Operations
 

AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
 provisions  governing  the location and layout of premises of licensed
 retailers
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.  Subdivisions  2  and  10  of section 105 of the alcoholic
 beverage control law, subdivision 2 as amended by  chapter  536  of  the
 laws  of  1966 and paragraph (a) of subdivision 10 as amended by chapter
 679 of the laws of 1950, are 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  CLEARLY
 VISIBLE  from  [the  street  level] GROUND 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 thorough
 fare  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.]
 10.  [(a)] Each retail licensee of liquor and/or wine for off-premises
 consumption shall have conspicuously displayed within  the  interior  of
 the  licensed  premises where sales are made and where it can be readily
 inspected by consumers a printed price list of the liquors and/or  wines
 offered for sale therein; and no liquor and/or wine shall be sold except
 at the price set forth in such list[;
 (b)  No  screen,  blind, curtain, partition, article or thing shall be
 permitted in the windows or upon the doors of  such  licensed  premises,
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04950-01-3
 
       S. 762                              2
 which  shall  prevent  a  clear  view into the interior of such licensed
 premises from the sidewalk, at all times; and
 (c)  No booth, screen, partition or other obstruction shall be permit-
 ted in the interior of said licensed premises].
 

S 2. This act shall take effect immediately.

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