S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7617
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 25, 2023
                                ___________
 
 Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
   tee on Economic Development
 
 AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
   authorizing private membership establishments to have certain licenses
   for sale of alcohol
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 3 of the alcoholic beverage control law is  amended
 by adding a new subdivision 39 to read as follows:
   39. "PRIVATE MEMBERSHIP ESTABLISHMENT" SHALL MEAN AN ASSOCIATION OPER-
 ATED  BY  AN INDIVIDUAL, CORPORATION, PARTNERSHIP, COMPANY, OR ANY OTHER
 FOR-PROFIT ENTITY WHICH IS THE OWNER, LESSEE, OR OCCUPANT OF A  PREMISES
 USED  EXCLUSIVELY FOR SUCH ASSOCIATION'S PURPOSES, AND WHICH IS OPERATED
 SOLELY FOR A RECREATIONAL,  SOCIAL,  PATRIOTIC,  POLITICAL,  BENEVOLENT,
 COMMUNAL WORKSPACE OR ATHLETIC PURPOSES. A "MEMBER" OF A PRIVATE MEMBER-
 SHIP  ESTABLISHMENT SHALL MEAN A PERSON WHO, WHETHER A CHARTER MEMBER OR
 ADMITTED IN AGREEMENT WITH THE BY-LAWS OF SUCH PRIVATE MEMBERSHIP ESTAB-
 LISHMENT, HAS BECOME A BONA FIDE MEMBER THEREOF, WHO  MAINTAINS  HIS  OR
 HER PRIVATE MEMBERSHIP ESTABLISHMENT MEMBERSHIP BY THE PAYMENT OF HIS OR
 HER ANNUAL DUES IN A BONA FIDE MANNER IN ACCORDANCE WITH THE BY-LAWS AND
 WHOSE  NAME AND ADDRESS IS ENTERED ON SUCH PRIVATE MEMBERSHIP ESTABLISH-
 MENT'S LIST OF MEMBERS. A  PRIVATE  MEMBERSHIP  ESTABLISHMENT  SHALL  BE
 SUBJECT  TO THE PROVISIONS OF SECTION ONE HUNDRED TEN OF THIS CHAPTER. A
 BUSINESS OR FACILITY THAT SELLS EVENT TICKETS TO THE PUBLIC,  OR  OTHER-
 WISE  PERMITS  ACCESS TO NON-MEMBERS OF SUCH BUSINESS OR FACILITY, SHALL
 NOT BE CONSIDERED A PRIVATE MEMBERSHIP ESTABLISHMENT.
   § 2. Subdivision 5 of section 64 of  the  alcoholic  beverage  control
 law,  as  amended by chapter 258 of the laws of 1976, is amended to read
 as follows:
   5. No retail license under this section shall be  granted  except  for
 such  premises as are being conducted as a bona fide hotel provided that
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11506-01-3
              

 A. 7617                             2
 
 a restaurant is operated in such premises, restaurant,  catering  estab-
 lishment,  club,  PRIVATE MEMBERSHIP ESTABLISHMENT, railroad car, vessel
 or aircraft being operated on regularly scheduled flights  by  a  United
 States certificated airline.
   §  3.  Subdivision  8 of section 106 of the alcoholic beverage control
 law is amended to read as follows:
   8. A  PRIVATE  MEMBERSHIP  ESTABLISHMENT,  club  or  a  luncheon  club
 licensed  to  sell alcoholic beverages for on-premises consumption shall
 be permitted to sell such beverages only to its  members  and  to  their
 guests accompanying them.
   § 4. This act shall take effect immediately.