Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to economic development |
Jun 17, 2009 |
referred to economic development |
Assembly Bill A8982
2009-2010 Legislative Session
Sponsored By
BING
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2009-A8982 (ACTIVE) - Details
2009-A8982 (ACTIVE) - Summary
Permits a retail tobacco business licensed to sell liquor on the premises to allow smoking in the same area where the liquor is sold when: (a) the sale of alcoholic beverages for on-premise consumption does not exceed 10% of the receipts of the business; (b) the business was in existence prior to 1947; and (c) the smoking area is not open to the general public and is used exclusively by members and guests of a club sponsored by the retail tobacco business.
2009-A8982 (ACTIVE) - Sponsor Memo
BILL NUMBER:A8982 TITLE OF BILL: An act to amend the alcoholic beverage control law, in relation to permitting a retail tobacco business licensed to sell liquor on the premises to allow smoking in the same area where the liquor is sold PURPOSE: The purpose of this bill is to allow only well established retail tobacco businesses that are exempt from the prohibition of smok- ing in indoor areas open to the public, to hold, on a limited basis, a license to sell alcoholic beverages for on-premises consumption. SUMMARY OF PROVISIONS: Section 1: Amends Alcoholic Beverage Control Law section 64 to permit retail tobacco businesses, as defined under Public Health Law section 1399-n, to hold a license to sell alcoholic beverages for on-premises consumption. At such exempted premises, patrons may smoke tobacco products. To limit the number of establishments that may hold such a license to simultaneously sell tobacco products at retail and to serve food and alcoholic beverages for on-premises consumption, the license may only be issued to: a) an established retail tobacco business established prior to 1947, b) the sale of alcoholic beverages is limited to no more than 10% of the amount of tobacco products sold so that the primary activity of such retailer remains the sale of tobacco products, and c) such area where alcoholic beverages are sold is open only for members of a club sponsored by such tobacco retail establish- ment or to guests of such club members.
2009-A8982 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8982 2009-2010 Regular Sessions I N A S S E M B L Y June 17, 2009 ___________ Introduced by M. of A. BING -- read once and referred to the Committee on Economic Development, Job Creation, Commerce and Industry AN ACT to amend the alcoholic beverage control law, in relation to permitting a retail tobacco business licensed to sell liquor on the premises to allow smoking in the same area where the liquor is sold THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 64 of the alcoholic beverage control law is amended by adding a new subdivision 10 to read as follows: 10. NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION, SUCH PREMISES THAT IS WITHIN THE DEFINITION OF A RETAIL TOBACCO BUSINESS, AS DEFINED IN SECTION THIRTEEN HUNDRED NINETY-NINE-N OF THE PUBLIC HEALTH LAW, MAY HOLD A LICENSE TO SELL LIQUOR AT RETAIL FOR CONSUMPTION ON THE PREMISES AND SERVE FOOD IN COMPLIANCE WITH SUCH LICENSE AS LONG AS THE FOLLOWING CONDITIONS ARE MET TO THE SATISFACTION OF THE AUTHORITY: (A) THE SALE OF LIQUOR OR OTHER ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION AT SUCH RETAIL TOBACCO BUSINESS SHALL NOT EXCEED TEN PERCENT OF THE RECEIPTS OF THE RETAIL SALE OF TOBACCO PRODUCTS AND ACCESSORIES AT SUCH PREMISES; (B) ONLY A RETAIL TOBACCO BUSINESS, OR THE SUCCESSOR TO SUCH BUSINESS, THAT WAS IN EXISTENCE PRIOR TO NINETEEN HUNDRED FORTY-SEVEN MAY APPLY FOR SUCH A LICENSE TO SIMULTANEOUSLY SELL LIQUOR AT RETAIL FOR ON-PREM- ISES CONSUMPTION; AND (C) SUCH SMOKING AREA THAT IS THE PREMISES FOR ON-PREMISES CONSUMPTION OF LIQUOR SHALL NOT BE OPEN TO THE GENERAL PUBLIC AND MUST BE EXCLUSIVELY USED ONLY BY MEMBERS AND GUESTS OF SUCH MEMBERS OF A CLUB ASSOCIATED WITH AND SPONSORED BY SUCH RETAIL TOBACCO BUSINESS. SUCH CLUB MAY ALSO CONDUCT LECTURES, SEMINARS, AND SPECIAL EVENTS FOR ITS MEMBERS ON SUCH PREMISES. SUCH APPLICATION SHALL BE IN SUCH FORM AND SHALL CONTAIN SUCH INFORMATION AS SHALL BE REQUIRED BY THE AUTHORITY AND SHALL BE ACCOMPANIED BY A CHECK OR DRAFT IN THE AMOUNT REQUIRED BY THIS ARTICLE FOR SUCH LICENSE. THIS SUBDIVISION SHALL SUPER- SEDE THE PROVISIONS OF SECTION THIRTEEN HUNDRED NINETY-NINE-R OF THE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14275-01-9
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