NY State Senate Bill 2021-S7826

Senate Bill S7826

Signed By Governor

2021-2022 Legislative Session

Permits the use of contiguous and non-contiguous municipal public space by certain licensees under the alcoholic beverage control law

download bill text pdf

Archive: Last Bill Status - 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
Mar 18, 2022	signed chap.165 delivered to governor
Jan 25, 2022	returned to senate passed assembly ordered to third reading cal.305 substituted for a8707
Jan 20, 2022	referred to economic development delivered to assembly passed senate
Jan 18, 2022	ordered to third reading cal.188
Jan 12, 2022	referred to rules

Votes

- Jan 20, 2022 - Floor Vote
  S7826
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jan 20, 2022
      
      aye (63)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
  Jan 18, 2022 - Rules Committee Vote
  S7826
  
  21
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jan 18, 2022
      
      aye (21)
      
      Addabbo Jr.
      
      Bailey
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Comrie
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mayer
      
      O'Mara
      
      Ortt
      
      Parker
      
      Ritchie
      
      Savino
      
      Sepúlveda
      
      Stewart-Cousins

2021-S7826 (ACTIVE) - Details

See Assembly Version of this Bill:: A8707
Law Section:: Alcoholic Beverage Control
Laws Affected:: Rpld §§1 & 2, add §§1 - 6, ren §3 to be §7, Chap of 2021 (as proposed in S.6353-A & A.7733)

2021-S7826 (ACTIVE) - Summary

Permits the use of contiguous and non-contiguous municipal public space by certain licensees under the alcoholic beverage control law.

2021-S7826 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7826

SPONSOR: PERSAUD
 
TITLE OF BILL:

An act to amend a chapter of the laws of 2021 relating to permitting the
use of municipal space for outdoor dining, as proposed in legislative
bills numbers S. 6353-A and A. 7733, in relation to permitting the use
of contiguous and non-contiguous municipal public space by certain
licensees under the alcoholic beverage control law

 
PURPOSE:

This is a chapter amendment that makes changes to provisions of L.2021,
c.238, amending the permission for alcohol retailers the use of noncon-
tiguous municipal spaces for outdoor dining.

 
SUMMARY OF PROVISIONS:

This legislation replaces chapter 238 of 2021 with a new act set in
unconsolidated law, which does the following:

Section 1 lays out the legislative intent

Section 2 defines terms, including defining licensee, and contiguous and
noncontiguous municipal public spaces, which are spaces in front of, to
the side, or behind a licensed space and within the extended property
boundaries of a licensed establishment, or the two nearest adjacent
properties, with non-contiguous spaces being separated from a licensed
locale by not more than a pedestrian walkway and not reaching out
further than the midline of any public road.

Section 3 gives the State Liquor Authority (SLA) the ability to author-
ize eligible retail licensees the ability to sell alcohol within the
boundaries of any approved contiguous and non-contiguous municipal
public spaces as long as the licensee has received written authorization
to use such space to sell food/and drinks from the relevant municipal
entity, the licensee provides a copy of such authorization to the SLA,
provides the SLA with an updated diagram of licensed location and the
municipal space being utilized, and the licensee provides the munici-
pality with notice of this use. The use of such space must comply with
all existing legal requirements.

Section 4 allows any licensee utilizing municipal spaces with approval
from the municipality prior to the paSsage of this act to continue to
utilize such space. Within 90 days of the passage of this act they will
be responsible for providing the SLA with a copy of their authorization
and the updated diagram of their licensed space and the municipal space
they are utilizing.

Section 5 states that if a municipality revokes, cancels, or suspends
their authorization to utilize municipal space, the licensee must termi-
nate the sale or service of alcohol in that space.

Section 6 states that any violations of this act, or violations of the
ABC Laws or SLA rules within these municipal spaces shall be subject to
the existing disciplinary procedures of the SLA.


Section 7 contains the effective and the sunset date of the original
chapter. This act will be set to expire one year after the effective
date of chapter 238. Chapter 238 went into effect July 6,2021.

 
EXISTING LAW:

None.

 
JUSTIFICATION:

This legislation is a negotiated change allowing the underlying chapter
to clarify the rules under which the SLA will issue such authorizations.

 
LEGISLATIVE HISTORY:

Chapter amendment to Chapter 238 of the Laws of 2021.  S.6353A and
A.7733 passed their respective chambers in June 2021.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE: This act shall take effect on the same date and in the
same manner as a chapter of the laws of 2021 amending the alcoholic
beverage control law relating to license and permit applications, as
proposed in legislative bills numbers S. 6353A and A. 7733, takes
effect; provided, however that the amendments to a chapter of the laws
of 2021 relating to permitting the use of municipal space for outdoor
dining, as proposed in legislative bills numbers S. 6353-A and A. 7733,
made by this act shall not affect the expiration of such chapter and
shall be deemed to expire therewith.

2021-S7826 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7826
 
                             I N  S E N A T E
 
                             January 12, 2022
                                ___________
 
 Introduced  by  Sen. PERSAUD -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend a chapter of the laws of 2021 relating to permitting the
   use of municipal space for outdoor dining, as proposed in  legislative
   bills numbers S. 6353-A and A. 7733, in relation to permitting the use
   of  contiguous  and  non-contiguous  municipal public space by certain
   licensees under the alcoholic beverage control law
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Sections 1 and 2 of a chapter of the laws of 2021 relating
 to permitting the use of municipal space for outdoor dining, as proposed
 in legislative bills numbers S. 6353-A and A. 7733, are REPEALED and six
 new sections 1, 2, 3, 4, 5 and 6 are added to read as follows:
   SECTION 1. LEGISLATIVE INTENT. THE INTENT OF THIS ACT  IS  TO  PROVIDE
 RELIEF  TO  HOLDERS  OF  LICENSES  ISSUED  UNDER  THE ALCOHOLIC BEVERAGE
 CONTROL LAW WITH RETAIL ON-PREMISES CONSUMPTION PRIVILEGES  BY  ALLOWING
 FOR  THE  EXERCISE  OF  SUCH PRIVILEGES ON CONTIGUOUS AND NON-CONTIGUOUS
 MUNICIPAL PUBLIC SPACE.
   § 2. FOR PURPOSES OF THIS ACT:
   (A) "LICENSEE" SHALL MEAN THE HOLDER OF A RETAIL  ON-PREMISES  LICENSE
 ISSUED  UNDER  THE  ALCOHOLIC  BEVERAGE  CONTROL  LAW OR A MANUFACTURING
 LICENSE ISSUED UNDER THE ALCOHOLIC BEVERAGE CONTROL LAW THAT INCLUDES  A
 PRIVILEGE  TO  SELL  AND/OR  SERVE  ALCOHOLIC  BEVERAGES  AT  RETAIL FOR
 ON-PREMISES CONSUMPTION ON THE LICENSED PREMISES.
   (B) "NON-CONTIGUOUS MUNICIPAL PUBLIC SPACE" SHALL MEAN SPACE THAT:
   (I) IS LOCATED IN FRONT OF, BEHIND, OR TO THE  SIDE  OF  THE  LICENSED
 PREMISES;
   (II)  IS  WITHIN  THE  PROPERTY BOUNDARIES OF THE LICENSED PREMISES AS
 EXTENDED OUT; OR WITHIN THE PROPERTY BOUNDARIES OF THE TWO NEAREST ADJA-
 CENT PROPERTIES;
   (III) DOES NOT EXTEND FURTHER THAN THE MIDLINE OF ANY PUBLIC ROADWAY;
   (IV) IS SEPARATED FROM THE LICENSED  PREMISES  ONLY  BY  A  PEDESTRIAN
 THOROUGHFARE; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11048-03-2

 S. 7826                             2
 
   (V)  OTHERWISE  COMPLIES  WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL
 REQUIREMENTS.
   (C) "CONTIGUOUS MUNICIPAL PUBLIC SPACE" SHALL MEAN SPACE THAT:
   (I)  IS  LOCATED  IN  FRONT OF, BEHIND, OR TO THE SIDE OF THE LICENSED
 PREMISES;
   (II) IS WITHIN THE PROPERTY BOUNDARIES OF  THE  LICENSED  PREMISES  AS
 EXTENDED OUT; OR WITHIN THE PROPERTY BOUNDARIES OF THE TWO NEAREST ADJA-
 CENT PROPERTIES;
   (III)  OTHERWISE COMPLIES WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL
 REQUIREMENTS.
   § 3. UPON APPLICATION TO THE  STATE  LIQUOR  AUTHORITY  AND  WITH  THE
 AUTHORITY'S APPROVAL OF SUCH APPLICATION, A LICENSEE, IN ACCORDANCE WITH
 ITS  LICENSE,  MAY EXERCISE ITS PRIVILEGE TO SELL AND/OR SERVE ALCOHOLIC
 BEVERAGES AT RETAIL FOR ON-PREMISES CONSUMPTION ON CONTIGUOUS  MUNICIPAL
 PUBLIC SPACE OR NON-CONTIGUOUS MUNICIPAL PUBLIC SPACE PROVIDED:
   (A)  THE MUNICIPALITY IN WHICH THE LICENSED PREMISES IS LOCATED ISSUES
 A PERMIT OR THE RESPONSIBLE MUNICIPAL REGULATORY BODY OR  AGENCY  ISSUES
 WRITTEN  AUTHORIZATION  TO  THE  LICENSEE  TO SELL AND/OR SERVE FOOD AND
 BEVERAGES ON SUCH CONTIGUOUS MUNICIPAL PUBLIC  SPACE  OR  NON-CONTIGUOUS
 MUNICIPAL PUBLIC SPACE;
   (B)  THE  LICENSEE SUBMITS NOTICE TO THE STATE LIQUOR AUTHORITY IN THE
 FORM OF A COPY OF SUCH PERMIT OR OTHER WRITTEN AUTHORIZATION;
   (C) THE LICENSEE SUBMITS NOTICE TO THE STATE LIQUOR AUTHORITY  IN  THE
 FORM  OF  A DIAGRAM DEPICTING BOTH THE LICENSED PREMISES AND THE CONTIG-
 UOUS MUNICIPAL PUBLIC SPACE OR NON-CONTIGUOUS MUNICIPAL PUBLIC SPACE  TO
 BE USED BY THE LICENSEE;
   (D) ALL NEW APPLICANTS FOR USE OF NON-CONTIGUOUS MUNICIPAL SPACE SHALL
 PROVIDE  COMMUNITY  NOTIFICATION  TO THE 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; AND
   (E) USE OF ANY SUCH SPACE MEETS ALL APPLICABLE FEDERAL, STATE OR LOCAL
 LAWS, RULES, REGULATIONS, GUIDANCE, CONDITIONS OR REQUIREMENTS.
   § 4. (A) NOTWITHSTANDING THE PROVISIONS OF SECTION THREE OF THIS  ACT,
 A  LICENSEE,  PREVIOUSLY  APPROVED  BY  THE MUNICIPALITY, EXERCISING ITS
 PRIVILEGE TO  SELL  AND/OR  SERVE  ALCOHOLIC  BEVERAGES  AT  RETAIL  FOR
 CONSUMPTION  ON  CONTIGUOUS  MUNICIPAL  PUBLIC  SPACE  OR NON-CONTIGUOUS
 MUNICIPAL PUBLIC SPACE UPON THE EFFECTIVE DATE  OF  THIS  ACT  SHALL  BE
 ALLOWED TO CONTINUE SUCH USE PURSUANT TO THIS ACT.
   (B)  WITHIN NINETY DAYS, THE LICENSEE MUST PROVIDE NOTICE TO THE STATE
 LIQUOR AUTHORITY PURSUANT TO SUBDIVISIONS (B) AND (C) OF  SECTION  THREE
 OF  THIS  ACT TO INDICATE THAT THE LICENSEE WILL CONTINUE EXERCISING ITS
 PRIVILEGE TO  SELL  AND/OR  SERVE  ALCOHOLIC  BEVERAGES  AT  RETAIL  FOR
 CONSUMPTION  ON SUCH CONTIGUOUS MUNICIPAL PUBLIC SPACE OR NON-CONTIGUOUS
 MUNICIPAL PUBLIC SPACE.
   § 5. IF AT ANY TIME THE MUNICIPALITY REVOKES, CANCELS OR  SUSPENDS  OR
 OTHERWISE TERMINATES THE LICENSEE'S AUTHORIZATION TO USE SUCH CONTIGUOUS
 MUNICIPAL  PUBLIC  SPACE  OR  NON-CONTIGUOUS MUNICIPAL PUBLIC SPACE, THE
 LICENSEE SHALL CEASE EXERCISING ITS PRIVILEGE TO SELL AND/OR SERVE ALCO-
 HOLIC BEVERAGES AT RETAIL  FOR  CONSUMPTION  ON  SUCH  MUNICIPAL  PUBLIC
 SPACE.
   §  6.  VIOLATIONS  OF THE PROVISIONS OF SECTION THREE, FOUR OR FIVE OF
 THIS ACT, OR A VIOLATION OF ANY  PROVISION  OF  THE  ALCOHOLIC  BEVERAGE
 CONTROL  LAW  OR THE RULES OF THE STATE LIQUOR AUTHORITY TAKING PLACE ON
 CONTIGUOUS MUNICIPAL PUBLIC SPACE  OR  NON-CONTIGUOUS  MUNICIPAL  PUBLIC
 S. 7826                             3
 
 SPACE  BEING USED BY SUCH LICENSEE SHALL BE SUBJECT TO THE PROVISIONS OF
 SECTIONS 118 AND 119 OF THE ALCOHOLIC BEVERAGE CONTROL LAW.
   § 2. Section 3 of a chapter of the laws of 2021 relating to permitting
 the  use  of municipal space for outdoor dining, as proposed in legisla-
 tive bills numbers S. 6353-A and A. 7733, is renumbered section 7.
   § 3. This act shall take effect on the  same  date  and  in  the  same
 manner  as  a chapter of the laws of 2021 relating to permitting the use
 of municipal space for outdoor dining, as proposed in legislative  bills
 numbers  S. 6353-A and A. 7733, takes effect; provided, however that the
 amendments to a chapter of the laws of 2021 relating to  permitting  the
 use  of  municipal  space for outdoor dining, as proposed in legislative
 bills numbers S. 6353-A and A. 7733, made by this act shall  not  affect
 the expiration of such chapter and shall be deemed to expire therewith.

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