S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   915

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 21, 2009
                               ___________

Introduced  by  Sen.  KRUGER -- 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
  prohibiting  the  sale  of  beer  or  wine coolers at retail after ten
  o'clock post meridiem in cities with a population of  one  million  or
  more

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 105-a of the alcoholic  beverage  control  law,  as
separately  amended  by  chapters  139  and  312 of the laws of 2006, is
amended to read as follows:
  S 105-a. Sale of beer at retail on Sunday; SALE OF BEER AND WINE COOL-
ERS AT RETAIL IN NEW YORK CITY.  1. No person, firm or corporation hold-
ing any license or permit issued under this chapter  shall  sell,  offer
for  sale or give away beer at retail on Sunday between three [antemeri-
dian] ANTE MERIDIEM and eight [antemeridian] ANTE  MERIDIEM.    Persons,
firms  or  corporations holding licenses and/or permits issued under the
provisions of [the alcoholic beverage control law] THIS CHAPTER  permit-
ting  the  sale  of beer at retail, may sell such beverages at retail on
Sunday before three [antemeridian] ANTE MERIDIEM and after eight [antem-
eridian] ANTE MERIDIEM for off-premises consumption  to  persons  making
purchases at the licensed premises to be taken by them from the licensed
premises.
  2.  Notwithstanding the provisions of subdivision one of this section,
the authority shall allow a brewer, once per annum, and after the  prop-
erty  owner obtains a permit under section ninety-seven of this chapter,
to sell or offer at no cost beer, beginning at eight [antemeridian] ANTE
MERIDIEM and ending at the hours fixed by  or  pursuant  to  subdivision
five  of  section  one hundred six of this article, at the following two

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06491-01-9

              

S. 915                              2

locations in the city of  Utica,  county  of  Oneida,  and  bounded  and
described as follows:
  PARCEL I
  Beginning  at the northwest corner of the beer storage building at the
corner of Edward Street and Wasmer Street and proceeding northerly for a
distance of 76 feet 1 inch; thence 128  feet  5  inches  easterly  along
Wasmer  Street; thence continuing along said Wasmer Street northeasterly
for a distance of 202 feet 10 inches to the corner of Wasmer Street  and
Hamilton Street.
  Thence  northerly  along  Hamilton  Street for a distance of 46 feet 8
inches to the intersection  of  Columbia  Street.  Thence  northwesterly
along Columbia Street for a distance of 233 feet 6 inches. Thence south-
westerly for a distance of 77 feet 7 inches to a fence. Thence northwes-
terly  for  a distance of 62 feet and thence southwesterly a distance of
10 feet 6 inches to the southeastern corner of the brewery garage.
  Thence, following the garage's perimeter:  first  in  a  southwesterly
direction for a distance of 133 feet 2 inches to the southwest corner of
the  garage;  thence  in  a northwesterly direction for a distance of 22
feet 5 inches; and thence in a northeasterly direction for a distance of
11 feet 2 inches, then in a northwesterly direction for  a  distance  of
100 feet, to a fence just before the sidewalk on Schuyler Street; thence
southwesterly  for  a  distance of 234 feet 5 inches to the Brewery main
complex.
  Thence following the perimeter of the brewery complex buildings south-
east for a distance of 82 feet 8 inches, northeasterly for a distance of
81 feet 11 inches; thence southeasterly for a  distance  of  85  feet  3
inches;  thence  northeasterly  for  a distance of 21 feet 6 inches; and
thence southeasterly for a distance of 96 feet 8 inches  to  the  north-
western corner of the shipping office.
  From the northwestern corner of the shipping office, southeasterly for
a  distance  of 33 feet 9 inches; thence southwesterly for a distance of
37 feet 8 inches; thence southeasterly for a distance of 65 feet 8 inch-
es; thence southerly for a distance of 27 feet 4 inches; thence easterly
for a distance of 33 feet, to the point or place of beginning.
PARCEL II
  Beginning at the iron fence which is 26 feet northwest of  the  south-
west corner of the tour center on Court Street; thence 66 feet, 7 inches
northeast,  11  feet  7  inches northwest to the west corner of the tour
center parking lot stairs. Proceeding northeasterly 71 feet  10  inches,
thence northwesterly 19 feet 10 inches to the southeastern corner of the
boiler  room building. Thence northwesterly 161 feet; south by southwest
80 feet; southwest 58 feet 5 inches and finally southeast  155  feet  to
the point or place of beginning.
  3.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
NO PERSON, FIRM OR CORPORATION LOCATED IN A CITY WITH  A  POPULATION  OF
ONE  MILLION  OR  MORE  HOLDING  ANY LICENSE OR PERMIT ISSUED UNDER THIS
CHAPTER SHALL SELL, OFFER FOR SALE OR GIVE AWAY BEER OR WINE COOLERS  AT
RETAIL  ON  ANY  WEEKDAY  BETWEEN  TEN  O'CLOCK  POST MERIDIEM AND EIGHT
O'CLOCK ANTE MERIDIEM THE FOLLOWING  DAY  OR  ON  SATURDAY  BETWEEN  TEN
O'CLOCK  POST MERIDIEM AND NOON SUNDAY AND ON SUNDAY BETWEEN TEN O'CLOCK
POST MERIDIEM AND EIGHT O'CLOCK ANTE MERIDIEM THE FOLLOWING DAY.
  S 2. This act shall take effect immediately.