Bill S762-2013

Provides for the location and layout of premises of licensed retailers

Provides for the location and layout of premises of licensed retailers.

Details

Actions

  • Jan 8, 2014: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • Jan 9, 2013: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 762 2013-2014 Regular Sessions IN 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,
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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