NY State Senate Bill 2015-S5070

Senate Bill S5070

Signed By Governor

2015-2016 Legislative Session

Relates to a license to sell liquor at retail for consumption on certain premises

download bill text pdf

Archive: Last Bill Status Via A7331 - Signed by Governor

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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 20, 2015	signed chap.450
Nov 10, 2015	delivered to governor
Jun 18, 2015	returned to assembly passed senate substituted for s5070
Jun 18, 2015	substituted by a7331
Jun 01, 2015	advanced to third reading
May 28, 2015	2nd report cal.
May 27, 2015	1st report cal.924
Apr 29, 2015	referred to commerce, economic development and small business

Votes

- Jun 18, 2015 - Floor Vote
  A7331
  
  61
  
  Aye
  
  2
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 18, 2015
      
      aye (61)
      
      Addabbo Jr.
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Libous
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      nay (2)
      
      Diaz
      
      Sanders Jr.
  May 27, 2015 - Commerce, Economic Development And Small Business Committee Vote
  S5070
  
  9
  
  Aye
  
  1
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Commerce, Economic Development And Small Business Committee Vote: May 27, 2015
      
      aye (9)
      
      Boyle
      
      Felder
      
      Funke
      
      Gallivan
      
      Griffo
      
      Hamilton
      
      Kennedy
      
      Robach
      
      Valesky
      
      nay (1)
      
      Sanders Jr.
      
      excused (1)
      
      Hassell-Thompson

2015-S5070 (ACTIVE) - Details

See Assembly Version of this Bill:: A7331
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §64, ABC L

2015-S5070 (ACTIVE) - Summary

Relates to a license to sell liquor at retail for consumption on certain premises.

2015-S5070 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5070

TITLE OF BILL:  An act to amend the alcoholic beverage control law, in
relation to a license to sell liquor at retail for consumption on
certain premises

PURPOSE OF THE BILL:

This legislation would allow for an exemption to the "200 Foot Rule"
under the State's Alcoholic Beverage Control Law to allow for Perillo
Hospitality, LLC, doing business as Salumeria Belsito at 1368 Hertel
Avenue in Buffalo, to apply for an on-premise liquor license from the
New York State Liquor Authority.

SUMMARY OF SPECIFIC PROVISIONS:

§ 1- Amends subdivision 7 of § 64 of the Alcoholic Beverage Control
Law by adding a new paragraph (e-7).

§ 2- Effective date.

JUSTIFICATION:

Section 64 of New York State's Alcoholic Beverage Control Law states
that, "No retail license for on-premises consumption shall be granted
for any premises which shall be (a) on the same street or avenue and

within two hundred feet of a building occupied exclusively as a
school, church, synagogue or other place of worship" often referred to
as the "200 Foot Rule". In very specific instances where the affected
school, church, synagogue or other place of worship is not in
opposition to an application for an on-premise license which would
otherwise not be allowed, the legislature, with written proof of the
affected entity's acquiescence, allows for an exemption from the "200
Foot Rule."

This legislation would allow for an exemption to the "200 Foot Rule"
under the State's Alcoholic Beverage Control Law to allow for Perillo
Hospitality, LLC, doing business as Salumeria Belsito at 1368 Hertel
Avenue in Buffalo, to apply for an on-premise liquor license from the
New York State Liquor Authority.

PRIOR LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S5070 (ACTIVE) - Bill Text download pdf

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

                                  5070

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 29, 2015
                               ___________

Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
  when printed to be committed to the Committee  on  Commerce,  Economic
  Development and Small Business

AN  ACT  to  amend  the alcoholic beverage control law, in relation to a
  license to sell liquor at retail for consumption on certain premises

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

  Section  1.  Subdivision  7  of  section  64 of the alcoholic beverage
control law is amended by adding  a  new  paragraph  (e-7)  to  read  as
follows:
  (E-7) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
SION,  THE AUTHORITY MAY ISSUE A RETAIL LICENSE FOR ON-PREMISES CONSUMP-
TION FOR A PREMISES WHICH SHALL BE LOCATED WITHIN TWO HUNDRED FEET OF  A
BUILDING  OCCUPIED  AS  A  CHURCH,  SYNAGOGUE OR OTHER PLACE OF WORSHIP,
PROVIDED SUCH PREMISES CONSTITUTE A PREMISES FOR THE  SALE  OF  FOOD  OR
BEVERAGES AT RETAIL FOR CONSUMPTION ON THE PREMISES LOCATED WHOLLY WITH-
IN  THE  BOUNDARIES  OF  THE  COUNTY  OF  ERIE, BOUNDED AND DESCRIBED AS
FOLLOWS:
  ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND SITUATE IN THE CITY  OF
BUFFALO, COUNTY OF ERIE AND STATE OF NEW YORK, BEING PART OF LOT NO. 77,
TOWNSHIP  11,  RANGE 8 OF THE HOLLAND LAND COMPANY'S SURVEY, AND FURTHER
DISTINGUISHED AS PARTS OF SUBDIVISION LOTS 1 AND 2 IN BLOCK "D" AS SHOWN
ON A MAP FILED IN THE ERIE COUNTY CLERK'S OFFICE UNDER COVER NO. 781 AND
MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS:
  BEGINNING AT THE POINT OF INTERSECTION OF THE NORTHERLY LINE OF HERTEL
AVENUE AS NOW LAID OUT 100 FEET WIDE WITH THE EASTERLY LINE  OF  SARANAC
AVENUE;  THENCE  NORTHERLY ALONG THE EASTERLY LINE OF SARANAC AVENUE 120
FEET; THENCE EASTERLY PARALLEL  WITH  HERTEL  AVENUE  100  FEET;  THENCE
SOUTHERLY  PARALLEL  WITH  SARANAC AVENUE AND ALONG THE EASTERLY LINE OF
SAID SUBDIVISION LOT NO. 2, A DISTANCE OF 120 FEET TO THE NORTHERLY LINE
OF HERTEL AVENUE; THENCE WESTERLY ALONG SAID LINE OF HERTEL  AVENUE  100
FEET TO THE POINT OF BEGINNING.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD09824-01-5

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