S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6525--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 9, 2017
                                ___________
 
 Introduced  by  M. of A. LUPARDO, JENNE -- read once and referred to the
   Committee  on  Economic  Development  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the alcoholic  beverage  control  law  and  the  general
   municipal  law, in relation to allowing patrons to remove alcohol from
   a licensed premises in a leisure and recreation district
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  106  of  the  alcoholic  beverage control law is
 amended by adding a new subdivision 18 to read as follows:
   18. REMOVAL OF ALCOHOL FROM A  LICENSED  PREMISES  IN  A  LEISURE  AND
 RECREATION DISTRICT. NOTWITHSTANDING ANY LAW, RULE, OR REGULATION TO THE
 CONTRARY,  ANY  HOLDER  OF  A LICENSE TO SELL ALCOHOLIC BEVERAGES ISSUED
 UNDER SECTIONS FIFTY-ONE, FIFTY-ONE-A, FIFTY-FIVE,  FIFTY-EIGHT,  FIFTY-
 EIGHT-A,     SIXTY-ONE,    SIXTY-FOUR,    SIXTY-FOUR-A,    SIXTY-FOUR-C,
 SIXTY-FOUR-D, SEVENTY-SIX, SEVENTY-SIX-A, SEVENTY-SIX-C,  SEVENTY-SIX-D,
 EIGHTY-ONE  AND  EIGHTY-ONE-A  OF  THIS CHAPTER OR A PERMIT ISSUED UNDER
 SECTIONS NINETY-SEVEN, NINETY-SEVEN-A AND NINETY-EIGHT OF  THIS  CHAPTER
 MAY  SELL  OR  OTHERWISE  PROVIDE ALCOHOLIC BEVERAGES TO A PATRON OF THE
 LICENSE HOLDER IN THE MANNER AUTHORIZED IN THE LICENSE  AND  THE  PATRON
 MAY  REMOVE  AN  OPEN  GLASS, CUP OR OTHER CONTAINER OF THE BEER, CIDER,
 LIQUOR; OR WINE FROM THE LICENSED PREMISES AND MAY POSSESS  AND  CONSUME
 THE  BEER,  CIDER,  LIQUOR, OR WINE OUTSIDE OF THE LICENSED PREMISES IF:
 (A) THE LICENSED PREMISES IS LOCATED WITHIN  A  LEISURE  AND  RECREATION
 DISTRICT  AND  (B)  THE PATRON REMAINS IN POSSESSION OF THE BEER, CIDER,
 LIQUOR, OR WINE WITHIN THE BOUNDARIES  OF  THE  LEISURE  AND  RECREATION
 DISTRICT  IN WHICH THEY OBTAINED THE BEVERAGE. NOTHING CONTAINED IN THIS
 SECTION SHALL RESTRICT THE PRIVILEGES FOR A  LICENSEE  OR  PERMITTEE  TO
 SELL BEER FOR CONSUMPTION OFF-PREMISES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06659-05-7
              

 A. 6525--A                          2
 
   §  2.  Section  3  of the alcoholic beverage control law is amended by
 adding a new subdivision 16 to read as follows:
   16.  "LEISURE  AND  RECREATION DISTRICT" SHALL MEAN AN AREA OFFICIALLY
 DESIGNATED BY LOCAL LAW OF THE GOVERNING BODY OF  A  MUNICIPALITY  AS  A
 LEISURE AND RECREATION DISTRICT.
   § 3. The general municipal law is amended by adding a new section 72-s
 to read as follows:
   §  72-S.  DESIGNATION  OF LEISURE AND RECREATION DISTRICTS. SUBJECT TO
 THE PROVISIONS OF THIS SECTION, THE GOVERNING BODY OF A MUNICIPALITY, AS
 DEFINED IN SUBDIVISION THREE OF SECTION  TWO  HUNDRED  THIRTY-NINE-B  OF
 THIS  CHAPTER, MAY ESTABLISH BY LOCAL LAW ONE OR MORE LEISURE AND RECRE-
 ATION DISTRICTS WITHIN THE CORPORATE BOUNDARIES OF THE MUNICIPALITY  AND
 DESIGNATE  THE  GEOGRAPHIC  AREA  OR  AREAS  TO  BE  INCLUDED WITHIN THE
 DISTRICT. THE GOVERNING BODY OF A MUNICIPALITY, BY LOCAL LAW MAY  MODIFY
 THE  BOUNDARIES OF A LEISURE AND RECREATION DISTRICT. THE GOVERNING BODY
 OF A MUNICIPALITY SHALL PROVIDE THAT  INDIVIDUALS  POSSESSING  ALCOHOLIC
 BEVERAGES WITHIN THE LEISURE AND RECREATION DISTRICT MAY NOT REMOVE THEM
 FROM THE LEISURE AND RECREATION DISTRICT AND SHALL BE SUBJECT TO A CIVIL
 PENALTY  IF  THEY REMOVE ALCOHOLIC BEVERAGES FROM THE LEISURE AND RECRE-
 ATION DISTRICT UNLESS SUCH BEVERAGES  WERE  PURCHASED  FOR  OFF-PREMISES
 CONSUMPTION.
   § 4. This act shall take effect immediately.