S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7733
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 20, 2021
                                ___________
 
 Introduced  by  M. of A. FAHY -- read once and referred to the Committee
   on Economic Development
 
 AN ACT in relation to permitting the use of municipal space for  outdoor
   dining; and providing for the repeal of such provisions upon the expi-
   ration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative intent. The intent of this act  is  to  provide
 relief  to retail licensees for on-premises consumption or manufacturers
 with retail on-premises consumption privileges as provided  for  in  the
 alcoholic  beverage  control  law  in  relation to permitting the use of
 municipal space for outdoor dining.
   § 2. Notwithstanding any provision of the alcoholic  beverage  control
 law to the contrary:
   a. For the purposes of subdivision 1 of section 99-d, paragraph (g) of
 subdivision  1 of section 110, or any other applicable provisions of the
 alcoholic beverage control law, a  temporary  use  permit  issued  to  a
 licensee by a municipality authorizing the use of municipal property for
 the  operation  of a licensed premises shall demonstrate control of such
 municipal property for the purposes of this act. For the purpose of this
 act "licensee" shall have the same meaning as defined in subdivision  18
 of section 3 of the alcoholic beverage control law.
   b.  A  licensee issued a retail license for on-premises consumption or
 manufacturers with retail on-premises consumption privileges as provided
 for in the alcoholic beverage control law  and  licensed  by  the  state
 liquor  authority (referred to hereinafter as the "authority"), may make
 an application to the authority and in accordance with their license and
 approval by the authority, to use both contiguous space as provided  for
 in section 99-d of the alcoholic beverage control law and non-contiguous
 municipal  space  for  outdoor  dining.    For the purposes of this act,
 "non-contiguous space" shall mean space that is: (i) in close  proximity

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

                                                            LBD11186-04-1

 A. 7733                             2
 
 and  in-line-of-sight  to the licensed premises; (ii) not wider than the
 edges of the licensed premises, unless the  municipality  has  expressly
 approved  otherwise, and extending no further than the centerline of the
 roadway; and (iii) provides a thoroughfare for pedestrian, customer, and
 employee  access.    As  a  condition of such approval, the applicant is
 required to demonstrate:
   (i) use of any such space meets all applicable federal, state or local
 laws, rules, regulations, guidances, conditions or requirements; and
   (ii) receipt of a current temporary use permit issued by  the  munici-
 pality if any such space would utilize municipal property.
   c.  All new applicants for use of non-contiguous municipal space shall
 provide community notification  to  a  municipality,  including  munici-
 palities  outside  the  city of New York, in a manner consistent with or
 required by subdivision 2 of section 110-b  of  the  alcoholic  beverage
 control law as required for the city of New York.
   d. For the purposes of this section, the authority shall allow, pursu-
 ant  to this act, those licensees currently using such space as provided
 under a pre-existing authorization to continue  to  use  such  municipal
 space,  unless  the municipality revokes the permit, the applicant seeks
 to change its municipal temporary use permit for such outdoor space,  or
 a licensee seeks a renewal of such municipal space.
   e.  The  authority  may,  on its own initiative or on complaint of any
 person or community board as established pursuant to section 2800 of the
 New York city charter, to institute proceedings to suspend or  revoke  a
 licensee's  ability  and  privilege  to use contiguous or non-contiguous
 space pursuant to this act after a hearing, in accordance  with  section
 119  of the alcoholic beverage control law, at which such licensee shall
 be given an opportunity to be heard.  Such proceedings and such  hearing
 shall  be  held in such manner and upon such notice as may be prescribed
 by the rules of the authority. The authority shall  notify  the  munici-
 pality  of  any  suspension or revocation of a licensee's ability to use
 such space.
   f. The authority shall promulgate guidance, rules  and/or  regulations
 necessary  to  implement  the  provisions  of this act in an expeditious
 manner. Notwithstanding existing provisions of  the  alcoholic  beverage
 control  law, the authority is authorized to provide simplified applica-
 tions and notification procedures for applicants whenever possible. At a
 minimum new applicants or applicants for renewal of municipal contiguous
 and non-contiguous outdoor space shall  provide  the  authority  with  a
 diagram  of  the  outdoor  space  as  well as a brief description of the
 outdoor space intended to be used.  Nothing in this act  shall  prohibit
 the  authority from requesting additional information from any applicant
 seeking to use new municipal space  or  renewal  of  existing  municipal
 space.
   §  3.  This  act shall take effect immediately and shall expire and be
 deemed repealed one year after it shall have become a law.