S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2704
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 25, 2019
                                ___________
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04643-01-9

 A. 2704                             2
 
 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
 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.
   § 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.