BILL NUMBER: S6895

SPONSOR: PERSAUD
 
TITLE OF BILL:

An act to amend chapter 238 of the laws of 2021 relating to permitting
the use of municipal space for outdoor dining, in relation to the defi-
nition of non-contiguous municipal public space

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation clarifies the meaning of thoroughfare within the quali-
fications comprising the definition of "non-contiguous municipal space".
To maintain the spirit and intent of Chapter 238 of 2021 and Chapter 165
of 2022, respectively, this bill identifies both a "pedestrian thorough-
fare" and a "thoroughfare primarily restricted to use by bicycles".

 
SUMMARY OF PROVISIONS:

Section 1 amends paragraph (iv) of subdivision (b) of section 2 of chap-
ter 238 of the laws of 2021 as amended by chapter 165 of the laws of
2022, by adding bike lanes or "thoroughfares primarily restricted to use
              

by bicycles".

Section 2 sets forth an immediate effective date with provisions.

 
JUSTIFICATION:

First authorized by Executive Order due to the COVID-19 Pandemic,
outdoor dining and beverage sales on non-contiguous municipal public
spaces have helped many food and beverage service establishments remain
open to their communities and keep employees paid. The purpose of New
York's outdoor dining laws was to allow, where safe and appropriate,
certain municipally owned property to be used by adjacent hospitality
establishments for outdoor sales and service.  The laws allow some
liquor licenses to extend beyond the originally licensed premises as if
contiguous but for the presence of a sidewalk, bicycle lane or similar
thoroughfare not used for motorized traffic. This bill adds clarifying
language regarding bicycle lanes to ensure that the spirit and intent of
existing laws is maintained.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.