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

                                  9359

                          I N  A S S E M B L Y

                            February 25, 2016
                               ___________

Introduced by M. of A. LENTOL -- read once and referred to the Committee
  on Economic Development

AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
  requiring the state liquor authority to  determine  the  safety  of  a
  venue prior to approving certain permits

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

  Section 1. Subdivision 1 of  section  98  of  the  alcoholic  beverage
control  law,  as  amended  by section 21 of part Z of chapter 85 of the
laws of 2002, is amended to read as follows:
  1. A. The liquor authority is hereby authorized to issue  to  caterers
and other persons furnishing provisions and service for use at a partic-
ular  function, occasion or event in a hotel, restaurant, club, ballroom
or other premises a temporary indoor permit effective for a  period  not
to  exceed  twenty-four  consecutive  hours,  which  shall authorize the
service of alcoholic beverages at such function, occasion or event with-
in the hours, fixed by or pursuant to subdivision five  of  section  one
hundred  six  of  this  chapter,  during  which  alcoholic beverages may
lawfully be sold or served upon  premises  licensed  to  sell  alcoholic
beverages  at  retail  for  on-premises  consumption in the community in
which is located the premises in which such function, occasion or  event
is  held.  The fee therefor shall be thirty-eight dollars. Such a permit
and the exercise of the privilege granted thereby may  be  subjected  to
such  rules by the liquor authority as it deems necessary and such rules
as are in conformity with the provisions  of  subdivision  two  of  this
section.  Such  a  permit may also be issued for functions, occasions or
events at premises for which a summer license has been previously issued
pursuant to this chapter.
  B. NOTWITHSTANDING ANY OTHER PROVISION OF  LAW  TO  THE  CONTRARY,  AN
APPLICANT  SHALL  NOT  BE  ISSUED  A PERMIT PURSUANT TO THIS SUBDIVISION
UNLESS (I) SUCH APPLICANT DEMONSTRATES THAT THE OWNER  OF  THE  PREMISES
WHERE SUCH FUNCTION, OCCASION OR EVENT SHALL BE HELD APPROVES OF THE USE
OF THE PREMISES FOR SUCH FUNCTION, OCCASION OR EVENT AND (II) THE LIQUOR
AUTHORITY  DETERMINES THAT THE PREMISES WHERE SUCH FUNCTION, OCCASION OR

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

                                                           LBD13975-02-6

A. 9359                             2

EVENT SHALL BE HELD WOULD NOT ENDANGER PUBLIC SAFETY.  SUCH  A  DETERMI-
NATION SHALL BE MADE BY THE LIQUOR AUTHORITY AFTER CONSULTATION WITH:
  (A)  THE  DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION TO DETERMINE THE
PREMISES IS NOT AN ENVIRONMENTAL HAZARD, INCLUDING WHETHER SUCH PREMISES
IS A SUPERFUND SITE PLACED ON THE UNITED STATES ENVIRONMENTAL PROTECTION
AGENCY'S NATIONAL PRIORITY LIST;
  (B) THE LOCAL FIRE DEPARTMENT TO DETERMINE THE PREMISES  MEETS  SAFETY
STANDARDS  INCLUDING  THAT  SUCH  PREMISES IS EQUIPPED WITH EMERGENCY OR
FIRE EXITS, FIRE ALARMS AND SPRINKLERS; AND
  (C) THE LOCAL POLICE DEPARTMENT TO DETERMINE THE  SECURITY  OR  PUBLIC
ORDER  MEASURES  NECESSARY TO ENSURE SUCH FUNCTION, OCCASION OR EVENT IS
NOT A DETRIMENT TO THE COMMUNITY OR THE SURROUNDING NEIGHBORHOOD.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided,  however,  effective  immediately,
the  addition,  amendment and/or repeal of any rule or regulation neces-
sary for the implementation of  this  act  on  its  effective  date  are
authorized to be made and completed on or before such effective date.