NY State Senate Bill 2009-S6179

Senate Bill S6179

2009-2010 Legislative Session

Permits a retail tobacco business licensed to sell liquor on the premises to allow smoking in the same area where the liquor is sold

download bill text pdf

Archive: Last Bill Status - On Floor Calendar

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 09, 2010	advanced to third reading
Feb 08, 2010	2nd report cal.
Feb 02, 2010	1st report cal.98
Jan 06, 2010	referred to commerce, economic development and small business
Sep 21, 2009	referred to rules

Votes

- Feb 2, 2010 - Commerce, Economic Development And Small Business Committee Vote
  S6179
  
  6
  
  Aye
  
  2
  
  Nay
  
  4
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Commerce, Economic Development And Small Business Committee Vote: Feb 2, 2010
      
      aye (6)
      
      Aubertine
      
      Espada
      
      Hassell-Thompson
      
      Parker
      
      Stachowski
      
      Volker
      
      nay (2)
      
      Foley
      
      Fuschillo
      
      aye wr (4)
      
      Alesi
      
      Griffo
      
      Robach
      
      Stewart-Cousins

2009-S6179 (ACTIVE) - Details

See Assembly Version of this Bill:: A8982
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §64, ABC L
Versions Introduced in 2011-2012 Legislative Session:: S4859, A7305

2009-S6179 (ACTIVE) - Summary

Permits a retail tobacco business licensed to sell liquor on the premises to allow smoking in the same area where the liquor is sold when: (a) the sale of alcoholic beverages for on-premise consumption does not exceed 10% of the receipts of the business; (b) the business was in existence prior to 1947; and (c) the smoking area is not open to the general public and is used exclusively by members and guests of a club sponsored by the retail tobacco business.

2009-S6179 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6179

 TITLE OF BILL :
An act to amend the alcoholic beverage control law, in relation to
permitting a retail tobacco business licensed to sell liquor on the
premises to allow smoking in the same area where the liquor is sold


 PURPOSE :
The purpose of this bill is to allow only well established retail
tobacco businesses that are exempt from the prohibition of smoking in
indoor areas open to the public, to hold, on a limited basis, a
license to sell alcoholic beverages for on-premises consumption.

 SUMMARY OF PROVISIONS :
Section 1: Amends Alcoholic Beverage Control Law section 64 to permit
retail tobacco businesses, as defined under Public Health Law section
1399-n, to hold a license to sell alcoholic beverages for on-premises
consumption. At such exempted premises, patrons may smoke tobacco
products. To limit the number of establishments that may hold such a
license to simultaneously sell tobacco products at retail and to serve
food and alcoholic beverages for on-premises consumption, the license
may only be issued to: a) an established retail tobacco business
established prior to 1947, b) the sale of alcoholic beverages is
limited to no more than 10% of the amount of tobacco products sold so
that the primary activity of such retailer remains the sale of tobacco

products, and c) such area where alcoholic beverages are sold is open
only for members of a club sponsored by such tobacco retail
establishment or to guests of such club members.

 JUSTIFICATION :
Under existing law, certain businesses are exempt from the prohibition
of smoking in indoor areas open to the public. Those areas include
retail tobacco sales businesses, those areas of a hotel or convention
center that are temporarily devoted to tobacco sales conventions or
meetings, certain cigar bars, and membership organizations that allow
smoking at their facilities. All of these areas where smoking is
permitted are areas where all patrons are either smokers or consent to
enter a room where smoking is permitted.  This amendment merely
expands the definition of areas where smoking is permitted to include
other areas where all of the participants are exclusively in the
process purchasing tobacco products or consuming them after their
purchase.

 LEGISLATIVE HISTORY :
New Bill.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
90 Days after it shall have become law.

2009-S6179 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6179

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                           September 21, 2009
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
  permitting  a  retail  tobacco business licensed to sell liquor on the
  premises to allow smoking in the same area where the liquor is sold

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 64 of the alcoholic beverage control law is amended
by adding a new subdivision 10 to read as follows:
  10.  NOTWITHSTANDING  ANY OTHER LAW, RULE OR REGULATION, SUCH PREMISES
THAT IS WITHIN THE DEFINITION OF A RETAIL TOBACCO BUSINESS,  AS  DEFINED
IN  SECTION THIRTEEN HUNDRED NINETY-NINE-N OF THE PUBLIC HEALTH LAW, MAY
HOLD A LICENSE TO SELL LIQUOR AT RETAIL FOR CONSUMPTION ON THE  PREMISES
AND  SERVE FOOD IN COMPLIANCE WITH SUCH LICENSE AS LONG AS THE FOLLOWING
CONDITIONS ARE MET TO THE SATISFACTION OF THE AUTHORITY: (A) THE SALE OF
LIQUOR OR OTHER ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION AT  SUCH
RETAIL  TOBACCO BUSINESS SHALL NOT EXCEED TEN PERCENT OF THE RECEIPTS OF
THE RETAIL SALE OF TOBACCO PRODUCTS AND ACCESSORIES  AT  SUCH  PREMISES;
(B)  ONLY  A RETAIL TOBACCO BUSINESS, OR THE SUCCESSOR TO SUCH BUSINESS,
THAT WAS IN EXISTENCE PRIOR TO NINETEEN HUNDRED  FORTY-SEVEN  MAY  APPLY
FOR  SUCH A LICENSE TO SIMULTANEOUSLY SELL LIQUOR AT RETAIL FOR ON-PREM-
ISES CONSUMPTION; AND (C) SUCH SMOKING AREA THAT  IS  THE  PREMISES  FOR
ON-PREMISES  CONSUMPTION  OF  LIQUOR  SHALL  NOT  BE OPEN TO THE GENERAL
PUBLIC AND MUST BE EXCLUSIVELY USED ONLY BY MEMBERS AND GUESTS  OF  SUCH
MEMBERS  OF  A CLUB ASSOCIATED WITH AND SPONSORED BY SUCH RETAIL TOBACCO
BUSINESS. SUCH CLUB MAY ALSO CONDUCT  LECTURES,  SEMINARS,  AND  SPECIAL
EVENTS  FOR  ITS  MEMBERS ON SUCH PREMISES. SUCH APPLICATION SHALL BE IN
SUCH FORM AND SHALL CONTAIN SUCH INFORMATION AS SHALL BE REQUIRED BY THE
AUTHORITY AND SHALL BE ACCOMPANIED BY A CHECK OR  DRAFT  IN  THE  AMOUNT
REQUIRED BY THIS ARTICLE FOR SUCH LICENSE. THIS SUBDIVISION SHALL SUPER-
SEDE  THE  PROVISIONS  OF  SECTION THIRTEEN HUNDRED NINETY-NINE-R OF THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14275-01-9

S. 6179                             2

PUBLIC HEALTH LAW WITH RESPECT TO ANY REGULATIONS OR LOCAL LAWS  ADOPTED
BY A CITY WITH A POPULATION OF ONE MILLION OR MORE AND SHALL PERMIT SUCH
RETAIL  TOBACCO BUSINESS TO HAVE A LICENSE TO SELL LIQUOR OR OTHER ALCO-
HOLIC  BEVERAGES  FOR  ON-PREMISES CONSUMPTION, SERVE FOOD IN COMPLIANCE
WITH SUCH LICENSE, AND TO SMOKE IN SUCH INDOOR AREAS OPEN TO THE PUBLIC.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have  become  a  law.  The state liquor authority shall be authorized to
promulgate rules and regulations prior to such effective date to  imple-
ment the provisions of this act.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.