NY State Senate Bill 2015-S1350A

Senate Bill S1350A

2015-2016 Legislative Session

Directs commissioner of health to establish a uniform letter grading system to classify results of inspections of entertainment venue food service establishments

download bill text pdf

Archive: Last Bill Status - In Senate Committee Health 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 12, 2016	print number 1350a
Jan 12, 2016	amend and recommit to health
Jan 06, 2016	referred to health
Jan 12, 2015	referred to health

Bill Amendments

Original

A (Active)

2015-S1350 - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §1352-f, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S8458
2011-2012: S4840
2013-2014: S39
2017-2018: S477
2019-2020: S850
2021-2022: S608

2015-S1350 - Summary

Directs the commissioner of health to establish a uniform letter grading system to classify the result of an inspection of an entertainment food service establishment; directs such commissioner and local health officers to require the display of any letter grade received pursuant to such system; requires reinspection of establishment receiving a grade of less than "A".

2015-S1350 - Sponsor Memo

                                BILL NUMBER:S1350

TITLE OF BILL:  An act to amend the public health law, in relation to
the establishment of a letter grading system to classify inspection
results for entertainment venue food service establishments

PURPOSE OR GENERAL IDEA OF BILL:

Directs commissioner of health to establish a uniform letter grading
system to classify results inspections of entertainment venue food
service establishments.

SUMMARY OF SPECIFIC PROVISIONS:

This bill requires the establishment of a system for grading the
inspection results of food service establishments located within or
otherwise owned operated or controlled by places of entertainment,
including privately or publicly owned and operated facilities such as
a theatre, stadium, arena, race-track, museum, amusement park, or
other place where performances, concerts, exhibits, athletic games or
contests are held for which a donation is recommended or required or
an entry fee is charged to post the letter grade representing the
result of the most recent health inspection.

Due process safeguards are part of this bill. If a letter grade of "A"
is not received, the establishment will receive the inspection

findings, and can request a re-inspection that will occur within 7 to
21 days. After the re-inspection, a letter grade will again be
assigned. if the re-inspection, that finding can be appealed and a
review shall occur within 30 days.

This system shall not apply to:

- premises licensed for on-premise consumption of alcoholic beverages
pursuant to the alcoholic beverage control law when less than ten
percent of the gross sales of such establishment is derived from the
retail sale of food for on-premises consumption; or

- food service establishments that do not engage in the retail sale of
food for on-premises or off premises consumption from such
establishment.

JUSTIFICATION:

A recent report by ESPN "Outside the Lines" highlighted findings of
health department inspection reports for food and beverage outlets at
all 107 North American arenas and stadiums that were home to MLB, NFL,
NBA and NHL teams in 2009. From the 107 venues, 30 (28 percent) had
been cited for at least one "critical" or "major" health violation. A
"critical" or "major" health violation is one that poses a risk for
food borne illnesses that can cause an ailment or in extreme cases
possible fatalities.

The New York State Department of Health is responsible for the
inspection of public places where food is prepared, sold or served in
New York. Local health department inspectors conduct surprise
inspections to check compliance with state and local laws.


A uniform statewide system of inspection and grading entertainment
venue food service establishments will provide consumers an easy way
to decide if they wish to eat from a particular food establishment.
Such system will provide encouragement to keep food establishments
sanitary.

PRIOR LEGISLATIVE HISTORY:

2013-2014: S.39
2011-12: S.4840-A
2010: S.8458

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect one year after it shall have become a law.
Provided, however, that effective immediately, any rules and
regulations necessary to implement the provisions of this act on its
effective date are authorized and directed to be completed on or
before such date.

2015-S1350 - Bill Text download pdf

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

                                  1350

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 12, 2015
                               ___________

Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law, in relation to the  establishment
  of  a  letter grading system to classify inspection results for enter-
  tainment venue food service establishments

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

  Section  1.  The  public health law is amended by adding a new section
1352-e to read as follows:
  S 1352-E. ENTERTAINMENT VENUE FOOD SERVICE GRADING  SYSTEM.  1.    THE
COMMISSIONER SHALL ESTABLISH A SYSTEM FOR GRADING INSPECTION RESULTS FOR
FOOD  SERVICE  ESTABLISHMENTS,  TEMPORARY  FOOD  SERVICE ESTABLISHMENTS,
MOBILE FOOD SERVICE ESTABLISHMENTS AND PUSHCARTS AS DEFINED IN THE STATE
SANITARY CODE, THAT ARE LOCATED WITHIN OR OTHERWISE OWNED,  OPERATED  OR
CONTROLLED  BY  A  PLACE  OF  ENTERTAINMENT,  INCLUDING ANY PRIVATELY OR
PUBLICLY OWNED AND OPERATED FACILITY SUCH AS A THEATRE, STADIUM,  ARENA,
RACETRACK,  MUSEUM,  AMUSEMENT  PARK  OR OTHER PLACE WHERE PERFORMANCES,
CONCERTS, EXHIBITS, ATHLETIC GAMES OR CONTESTS  ARE  HELD  FOR  WHICH  A
DONATION IS RECOMMENDED OR REQUIRED, OR AN ENTRY FEE IS CHARGED.
  2.  THE  COMMISSIONER  SHALL ESTABLISH A SYSTEM FOR GRADING INSPECTION
RESULTS FOR PLACE OF ENTERTAINMENT  FOOD  SERVICE  ESTABLISHMENTS.  SUCH
SYSTEM  SHALL  USE  AND POST LETTERS A, B OR C TO IDENTIFY AND REPRESENT
SUCH GRADING AND CLASSIFICATION WITH ALL OTHER LOWER GRADES BEING DEEMED
TO BE FAILING GRADES.  IN  ESTABLISHING  SUCH  SYSTEM  OF  GRADING,  THE
COMMISSIONER  SHALL  TAKE  INTO ACCOUNT THE PROVISIONS OF THIS TITLE AND
THE PROVISIONS OF THE SANITARY CODE TO ESTABLISH A GRADING  SYSTEM  THAT
REFLECTS  THE  SAFETY  AND  SANITATION OF THE PREMISES AND FOOD HANDLING
PRACTICES TO ENSURE COMPLIANCE WITH STATE AND LOCAL HEALTH LAWS.
  3. SUCH  PLACE  OF  ENTERTAINMENT  FOOD  SERVICE  ESTABLISHMENT  SHALL
CONSPICUOUSLY  POST  NEAR  THE ENTRANCE TO SUCH ESTABLISHMENT, OR AT THE
POINT OF SALE, THE LETTER GRADE IDENTIFYING AND REPRESENTING THE  RESULT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00155-01-5

S. 1350                             2

OF  SUCH  ESTABLISHMENT'S  MOST  RECENTLY GRADED INSPECTION BY THE LOCAL
HEALTH OFFICER OR THE ENTITY RESPONSIBLE FOR SUCH INSPECTION. SUCH POST-
ING SHALL BE DONE IN ACCORDANCE WITH RULES AND  REGULATIONS  PROMULGATED
BY THE COMMISSIONER.  FOR ANY PLACE OF ENTERTAINMENT FOOD SERVICE ESTAB-
LISHMENT  RECEIVING  A GRADE LOWER THAN "A", THE LOCAL HEALTH OFFICER OR
THE ENTITY PERFORMING THE INSPECTION SHALL ADVISE THE  ESTABLISHMENT  OF
ITS  GRADE  AND  THE  FINDINGS UPON WHICH SUCH GRADE IS BASED. THE LOCAL
HEALTH OFFICER OR THE ENTITY  WHICH  PERFORMED  THE  INITIAL  INSPECTION
SHALL  CONDUCT  A  SUBSEQUENT  INSPECTION OF SUCH PLACE OF ENTERTAINMENT
FOOD SERVICE ESTABLISHMENT NO SOONER THAN SEVEN  DAYS,  NOR  LATER  THAN
TWENTY-ONE  DAYS  AFTER THE INSPECTION AT WHICH THE GRADE WAS GIVEN.  IN
THE INTERIM, THE PREVIOUS LETTER GRADE SHALL REMAIN POSTED.    UPON  THE
CONCLUSION OF THE SUBSEQUENT INSPECTION, THE LOCAL HEALTH OFFICER OR THE
ENTITY  PERFORMING  THE  INSPECTION  SHALL  DELIVER FOR POSTING A LETTER
GRADE TO THE PLACE OF ENTERTAINMENT  FOOD  SERVICE  ESTABLISHMENT  WHICH
INDICATES THE GRADE FOR SUCH INSPECTION.  IN ADDITION TO A LETTER GRADE,
SUCH  ESTABLISHMENT  SHALL RECEIVE THE FINDINGS UPON WHICH SUCH GRADE IS
BASED.  THE PLACE OF ENTERTAINMENT FOOD SERVICE ESTABLISHMENT MAY APPEAL
SUCH SUBSEQUENT ASSIGNMENT OF A LETTER GRADE DESIGNATION TO THE  COMMIS-
SIONER  FOR REVIEW WITHIN THIRTY DAYS OF SUCH ASSIGNMENT. WHILE ANY SUCH
APPEAL IS PENDING, A PLACE OF ENTERTAINMENT FOOD  SERVICE  ESTABLISHMENT
SHALL POST THE LETTER GRADE THAT IS BEING APPEALED.
  4.  THE  SUGGESTED INTERVAL BETWEEN REGULARLY SCHEDULED INSPECTIONS OF
PLACE OF ENTERTAINMENT FOOD SERVICE ESTABLISHMENTS MAY BE AS FOLLOWS:
  (A) FOR ESTABLISHMENTS WITH A GRADE OF "A", AT LEAST ONCE EVERY YEAR;
  (B) FOR ESTABLISHMENTS WITH A GRADE OF "B", AT LEAST ONCE  EVERY  NINE
MONTHS; AND
  (C)  FOR ESTABLISHMENTS WITH A GRADE OF "C", AT LEAST ONCE EVERY THREE
MONTHS.
  A PLACE OF ENTERTAINMENT FOOD SERVICE ESTABLISHMENT  THAT  REQUESTS  A
REINSPECTION FROM THE LOCAL HEALTH OFFICER OR THE ENTITY RESPONSIBLE FOR
SUCH  INSPECTIONS,  SHALL  PAY THE DEPARTMENT A FEE OF UP TO TWO HUNDRED
FIFTY DOLLARS. PROVIDED, HOWEVER, THAT THE PROVISIONS OF  THIS  SUBDIVI-
SION  SHALL  NOT  NEGATE  THE ABILITY OF ANY LOCAL HEALTH OFFICER OR THE
ENTITY RESPONSIBLE FOR SUCH INSPECTIONS TO INSPECT ANY PLACE  OF  ENTER-
TAINMENT  FOOD  SERVICE ESTABLISHMENT ON THE BASIS OF A COMPLAINT FROM A
MEMBER OF THE PUBLIC.
  5. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO PLACE  OF  ENTER-
TAINMENT FOOD SERVICE ESTABLISHMENTS WHICH:
  (A)  ARE  PREMISES  LICENSED  FOR ON-PREMISES CONSUMPTION OF ALCOHOLIC
BEVERAGES PURSUANT TO THE ALCOHOLIC BEVERAGE CONTROL LAW WHEN LESS  THAN
TEN PERCENT OF THE GROSS SALES OF SUCH ESTABLISHMENT IS DERIVED FROM THE
RETAIL SALE OF FOOD FOR ON-PREMISES CONSUMPTION; OR
  (B)  DO  NOT  ENGAGE  IN  THE  RETAIL  SALE OF FOOD FOR ON-PREMISES OR
OFF-PREMISES CONSUMPTION FROM SUCH ESTABLISHMENT.
  6. NO PROVISION OF THIS SECTION SHALL BE DEEMED TO DIMINISH OR  OTHER-
WISE CHANGE ANY POWER OR DUTY OF ANY STATE AGENCY OR AUTHORITY.
  S  2. This act shall take effect one year after it shall have become a
law. Provided, however, that effective immediately, any rules and  regu-
lations  necessary to implement the provisions of this act on its effec-
tive date are authorized and directed to be completed on or before  such
date.

2015-S1350A (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §1352-f, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S8458
2011-2012: S4840
2013-2014: S39
2017-2018: S477
2019-2020: S850
2021-2022: S608

2015-S1350A (ACTIVE) - Summary

2015-S1350A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1350A

 TITLE OF BILL :  An act to amend the public health law, in relation
to the establishment of a letter grading system to classify inspection
results for entertainment venue food service establishments

 PURPOSE OR GENERAL IDEA OF BILL :

Directs commissioner of health to establish a uniform letter grading
system to classify results inspections of entertainment venue food
service establishments.

 SUMMARY OF SPECIFIC PROVISIONS :

This bill requires the establishment of a system for grading the
inspection results of food service establishments located within or
otherwise owned operated or controlled by places of entertainment,
including privately or publicly owned and operated facilities such as
a theatre, stadium, arena, race-track, museum, amusement park, or
other place where performances, concerts, exhibits, athletic games or
contests are held for which a donation is recommended or required or
an entry fee is charged to post the letter grade representing the
result of the most recent health inspection.

Due process safeguards are part of this bill. If a letter grade of "A"
is not received, the establishment will receive the inspection

findings, and can request a re-inspection that will occur within 7 to
21 days. After the re-inspection, a letter grade will again be
assigned. if the re-inspection, that finding can be appealed and a
review shall occur within 30 days.

This system shall not apply to:

- premises licensed for on-premise consumption of alcoholic beverages
pursuant to the alcoholic beverage control law when less than ten
percent of the gross sales of such establishment is derived from the
retail sale of food for on-premises consumption; or

- food service establishments that do not engage in the retail sale of
food for on-premises or off premises consumption from such
establishment.

 JUSTIFICATION :

A recent report by ESPN "Outside the Lines" highlighted findings of
health department inspection reports for food and beverage outlets at
all 107 North American arenas and stadiums that were home to MLB, NFL,
NBA and NHL teams in 2009. From the 107 venues, 30 (28 percent) had
been cited for at least one "critical" or "major" health violation. A
"critical" or "major" health violation is one that poses a risk for
food borne illnesses that can cause an ailment or in extreme cases
possible fatalities.

The New York State Department of Health is responsible for the
inspection of public places where food is prepared, sold or served in
New York. Local health department inspectors conduct surprise
inspections to check compliance with state and local laws.

A uniform statewide system of inspection and grading entertainment
venue food service establishments will provide consumers an easy way
to decide if they wish to eat from a particular food establishment.
Such system will provide encouragement to keep food establishments
sanitary.

 PRIOR LEGISLATIVE HISTORY :

2013-2014 - S.39
2011-12: S.4840-A
2010: S.8458

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect one year after it shall have become a law.
Provided, however, that effective immediately, any rules and
regulations necessary to implement the provisions of this act on its
effective date are authorized and directed to be completed on or
before such date.

2015-S1350A (ACTIVE) - Bill Text download pdf

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

                                 1350--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 12, 2015
                               ___________

Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health --  recommitted  to
  the  Committee  on  Health in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT to amend the public health law, in relation to the establishment
  of a letter grading system to classify inspection results  for  enter-
  tainment venue food service establishments

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

  Section 1. The public health law is amended by adding  a  new  section
1352-f to read as follows:
  S  1352-F.  ENTERTAINMENT  VENUE  FOOD SERVICE GRADING SYSTEM. 1.  THE
COMMISSIONER SHALL ESTABLISH A SYSTEM FOR GRADING INSPECTION RESULTS FOR
FOOD SERVICE  ESTABLISHMENTS,  TEMPORARY  FOOD  SERVICE  ESTABLISHMENTS,
MOBILE FOOD SERVICE ESTABLISHMENTS AND PUSHCARTS AS DEFINED IN THE STATE
SANITARY  CODE,  THAT ARE LOCATED WITHIN OR OTHERWISE OWNED, OPERATED OR
CONTROLLED BY A PLACE  OF  ENTERTAINMENT,  INCLUDING  ANY  PRIVATELY  OR
PUBLICLY  OWNED AND OPERATED FACILITY SUCH AS A THEATRE, STADIUM, ARENA,
RACETRACK, MUSEUM, AMUSEMENT PARK OR  OTHER  PLACE  WHERE  PERFORMANCES,
CONCERTS,  EXHIBITS,  ATHLETIC  GAMES  OR  CONTESTS ARE HELD FOR WHICH A
DONATION IS RECOMMENDED OR REQUIRED, OR AN ENTRY FEE IS CHARGED.
  2. THE COMMISSIONER SHALL ESTABLISH A SYSTEM  FOR  GRADING  INSPECTION
RESULTS  FOR  PLACE  OF  ENTERTAINMENT FOOD SERVICE ESTABLISHMENTS. SUCH
SYSTEM SHALL USE AND POST LETTERS A, B OR C TO  IDENTIFY  AND  REPRESENT
SUCH GRADING AND CLASSIFICATION WITH ALL OTHER LOWER GRADES BEING DEEMED
TO  BE  FAILING  GRADES.  IN  ESTABLISHING  SUCH  SYSTEM OF GRADING, THE
COMMISSIONER SHALL TAKE INTO ACCOUNT THE PROVISIONS OF  THIS  TITLE  AND
THE  PROVISIONS  OF THE SANITARY CODE TO ESTABLISH A GRADING SYSTEM THAT
REFLECTS THE SAFETY AND SANITATION OF THE  PREMISES  AND  FOOD  HANDLING
PRACTICES TO ENSURE COMPLIANCE WITH STATE AND LOCAL HEALTH LAWS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00155-02-6

S. 1350--A                          2

  3.  SUCH  PLACE  OF  ENTERTAINMENT  FOOD  SERVICE  ESTABLISHMENT SHALL
CONSPICUOUSLY POST NEAR THE ENTRANCE TO SUCH ESTABLISHMENT,  OR  AT  THE
POINT  OF SALE, THE LETTER GRADE IDENTIFYING AND REPRESENTING THE RESULT
OF SUCH ESTABLISHMENT'S MOST RECENTLY GRADED  INSPECTION  BY  THE  LOCAL
HEALTH OFFICER OR THE ENTITY RESPONSIBLE FOR SUCH INSPECTION. SUCH POST-
ING  SHALL  BE DONE IN ACCORDANCE WITH RULES AND REGULATIONS PROMULGATED
BY THE COMMISSIONER.  FOR ANY PLACE OF ENTERTAINMENT FOOD SERVICE ESTAB-
LISHMENT RECEIVING A GRADE LOWER THAN "A", THE LOCAL HEALTH  OFFICER  OR
THE  ENTITY  PERFORMING THE INSPECTION SHALL ADVISE THE ESTABLISHMENT OF
ITS GRADE AND THE FINDINGS UPON WHICH SUCH GRADE  IS  BASED.  THE  LOCAL
HEALTH  OFFICER  OR  THE  ENTITY  WHICH PERFORMED THE INITIAL INSPECTION
SHALL CONDUCT A SUBSEQUENT INSPECTION OF  SUCH  PLACE  OF  ENTERTAINMENT
FOOD  SERVICE  ESTABLISHMENT  NO  SOONER THAN SEVEN DAYS, NOR LATER THAN
TWENTY-ONE DAYS AFTER THE INSPECTION AT WHICH THE GRADE WAS GIVEN.    IN
THE  INTERIM,  THE  PREVIOUS LETTER GRADE SHALL REMAIN POSTED.  UPON THE
CONCLUSION OF THE SUBSEQUENT INSPECTION, THE LOCAL HEALTH OFFICER OR THE
ENTITY PERFORMING THE INSPECTION SHALL  DELIVER  FOR  POSTING  A  LETTER
GRADE  TO  THE  PLACE  OF ENTERTAINMENT FOOD SERVICE ESTABLISHMENT WHICH
INDICATES THE GRADE FOR SUCH INSPECTION.  IN ADDITION TO A LETTER GRADE,
SUCH ESTABLISHMENT SHALL RECEIVE THE FINDINGS UPON WHICH SUCH  GRADE  IS
BASED.  THE PLACE OF ENTERTAINMENT FOOD SERVICE ESTABLISHMENT MAY APPEAL
SUCH  SUBSEQUENT ASSIGNMENT OF A LETTER GRADE DESIGNATION TO THE COMMIS-
SIONER FOR REVIEW WITHIN THIRTY DAYS OF SUCH ASSIGNMENT. WHILE ANY  SUCH
APPEAL  IS  PENDING, A PLACE OF ENTERTAINMENT FOOD SERVICE ESTABLISHMENT
SHALL POST THE LETTER GRADE THAT IS BEING APPEALED.
  4. THE SUGGESTED INTERVAL BETWEEN REGULARLY SCHEDULED  INSPECTIONS  OF
PLACE OF ENTERTAINMENT FOOD SERVICE ESTABLISHMENTS MAY BE AS FOLLOWS:
  (A) FOR ESTABLISHMENTS WITH A GRADE OF "A", AT LEAST ONCE EVERY YEAR;
  (B)  FOR  ESTABLISHMENTS WITH A GRADE OF "B", AT LEAST ONCE EVERY NINE
MONTHS; AND
  (C) FOR ESTABLISHMENTS WITH A GRADE OF "C", AT LEAST ONCE EVERY  THREE
MONTHS.
  A  PLACE  OF  ENTERTAINMENT FOOD SERVICE ESTABLISHMENT THAT REQUESTS A
REINSPECTION FROM THE LOCAL HEALTH OFFICER OR THE ENTITY RESPONSIBLE FOR
SUCH INSPECTIONS, SHALL PAY THE DEPARTMENT A FEE OF UP  TO  TWO  HUNDRED
FIFTY  DOLLARS.  PROVIDED, HOWEVER, THAT THE PROVISIONS OF THIS SUBDIVI-
SION SHALL NOT NEGATE THE ABILITY OF ANY LOCAL  HEALTH  OFFICER  OR  THE
ENTITY  RESPONSIBLE  FOR SUCH INSPECTIONS TO INSPECT ANY PLACE OF ENTER-
TAINMENT FOOD SERVICE ESTABLISHMENT ON THE BASIS OF A COMPLAINT  FROM  A
MEMBER OF THE PUBLIC.
  5.  THE  PROVISIONS OF THIS SECTION SHALL NOT APPLY TO PLACE OF ENTER-
TAINMENT FOOD SERVICE ESTABLISHMENTS WHICH:
  (A) ARE PREMISES LICENSED FOR  ON-PREMISES  CONSUMPTION  OF  ALCOHOLIC
BEVERAGES  PURSUANT TO THE ALCOHOLIC BEVERAGE CONTROL LAW WHEN LESS THAN
TEN PERCENT OF THE GROSS SALES OF SUCH ESTABLISHMENT IS DERIVED FROM THE
RETAIL SALE OF FOOD FOR ON-PREMISES CONSUMPTION; OR
  (B) DO NOT ENGAGE IN THE  RETAIL  SALE  OF  FOOD  FOR  ON-PREMISES  OR
OFF-PREMISES CONSUMPTION FROM SUCH ESTABLISHMENT.
  6.  NO PROVISION OF THIS SECTION SHALL BE DEEMED TO DIMINISH OR OTHER-
WISE CHANGE ANY POWER OR DUTY OF ANY STATE AGENCY OR AUTHORITY.
  S 2. This act shall take effect one year after it shall have become  a
law.  Provided, however, that effective immediately, any rules and regu-
lations necessary to implement the provisions of this act on its  effec-
tive  date are authorized and directed to be completed on or before such
date.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.