NY State Senate Bill 2023-S1441

Senate Bill S1441

2023-2024 Legislative Session

Relates to crediting any on-premises licensees or any manufacturing licensee with on-premises retail privileges for each day they were unable to operate due to COVID-19

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Current Bill Status - In Senate Committee Commerce, Economic Development And Small Business Committee

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to commerce, economic development and small business
Jan 11, 2023	referred to commerce, economic development and small business

co-Sponsors

2023-S1441 (ACTIVE) - Details

Current Committee:: Senate Commerce, Economic Development And Small Business
Law Section:: Alcoholic Beverage Control
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8452
2021-2022: S3877

2023-S1441 (ACTIVE) - Summary

Credits any on-premises licensees or any manufacturing licensee with on-premises retail privileges for each day they were unable to operate due to COVID-19; provides that such credits shall be used for such licensee's license renewal; provides for the repeal of such provisions upon expiration thereof.

2023-S1441 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1441

SPONSOR: GRIFFO
 
TITLE OF BILL:

An act to credit days to retail on-premises licensees that were unable
to operate as a result of the COVID-19 pandemic; and providing for the
repeal of such provisions upon expiration thereof

 
PURPOSE:

To allow a credit to be applied on the renewal of a restaurant or bar's
liquor license relative to the duration of time they were forced to
cease on-premises sales as a result of the COVID-19 pandemic.

 
SUMMARY OF PROVISIONS:

Section 1 establishes that the licensing fee will be reduced in propor-
tion to the number of days that the license holder was unable to sell
alcohol on premises.

Section 2 marks the effective date.

 
JUSTIFICATION:

Despite an Executive Order allowing restaurants and bars to sell alcohol
with takeout orders during the COVID-19 pandemic, the governor's closure
of these establishments prevented them from operating under the terms
that were established between them and the state when they paid for
their liquor license. This loss of business, due to the government's
response to the COVID-19 pandemic, necessitates that New York, in
particular the State Liquor Authority (SLA), should provide a credit to
these small business owners on their next liquor license.

This bill provides the SLA with the necessary statutory authority to
provide a credit on liquor license renewals for bars and restaurants
that is in direct proportion to the amount of time for which they were
shut down due to the COVID-19 pandemic.

 
LEGISLATIVE HISTORY:

2021-22-S.3877a-Commerce, Economic Development, and Small
Business/A.1235a-Ways and Means Committee.

2020 - S. 8452a - Commerce, Economic Development, and Small Business/A.
10563a - Passed Assembly.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall expire and be deemed
repealed January 1, 2026.

2023-S1441 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1441
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2023
                                ___________
 
 Introduced  by  Sens. GRIFFO, HELMING -- read twice and ordered printed,
   and when printed to be committed to the Committee on Commerce, Econom-
   ic Development and Small Business
 
 AN ACT to credit days to retail on-premises licensees that  were  unable
   to operate as a result of the COVID-19 pandemic; and providing for the
   repeal of such provisions upon expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Notwithstanding any other provision of law to the contrary,
 the state liquor authority is authorized to grant a  license  credit  to
 any on-premises licensee and any manufacturing licensee with on-premises
 retail  privileges  that are licensed pursuant to the alcoholic beverage
 control law to receive a credit to the next renewal of their license  on
 a pro-rata basis for each inactive day, up to a maximum of three hundred
 sixty-five  days.  An  inactive day shall mean each day between March 7,
 2020 and March 7, 2021 that, due to the COVID-19 pandemic or the govern-
 ment response to the pandemic, the licensee was closed,  or  ceased  all
 on-premises  retail  business functions that require a license under the
 alcoholic beverage control law. The on-premises licensee and  any  manu-
 facturing  licensee with on-premises retail privileges shall document to
 the state liquor authority, on a form provided  by  the  authority,  the
 number  of  inactive  days,  up to a maximum of three hundred sixty-five
 days, that they are claiming for a credit to  be  added  to  their  next
 retail on-premise license renewal.
   §  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed January 1, 2026.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03139-01-3

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Senate Bill S1441

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Sponsored By

Joseph A. Griffo