Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 21, 2012 |
committed to rules |
Jun 11, 2012 |
advanced to third reading |
Jun 06, 2012 |
2nd report cal. |
Jun 05, 2012 |
1st report cal.1026 |
Jan 04, 2012 |
referred to commerce, economic development and small business |
Apr 27, 2011 |
referred to commerce, economic development and small business |
Senate Bill S4859
2011-2012 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Rules 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
Votes
2011-S4859 (ACTIVE) - Details
- Current Committee:
- Senate Rules
- Law Section:
- Alcoholic Beverage Control Law
- Laws Affected:
- Amd ยง64, ABC L
- Versions Introduced in 2009-2010 Legislative Session:
-
S6179
2011-S4859 (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 when the membership fees or dues are at least $1,000 a year.
2011-S4859 (ACTIVE) - Sponsor Memo
BILL NUMBER:S4859 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 smoking 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) 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, b) an established retail tobacco business
2011-S4859 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4859 2011-2012 Regular Sessions I N S E N A T E April 27, 2011 ___________ Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Commerce, Economic Devel- opment and Small Business 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. MEMBERSHIP TO SUCH CLUB SHALL REQUIRE AT LEAST THE PAYMENT OF ONE THOUSAND DOLLARS ANNUALLY IN MEMBERSHIP FEES OR DUES. 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09327-02-1
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