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

                                  10096

                          I N  A S S E M B L Y

                               May 3, 2012
                               ___________

Introduced  by  M.  of A. SCHIMMINGER, TENNEY, BRINDISI -- read once and
  referred to the Committee on Economic Development

AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
  including  the  Sons  of  the  American Legion and the American Legion
  Auxiliary as a club

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

  Section  1.  Subdivision  9  of  section  3  of the alcoholic beverage
control law, as amended by chapter 575 of the laws of 2005,  is  amended
to read as follows:
  9.  "Club" shall mean an organization of persons incorporated pursuant
to the provisions of the not-for-profit corporation law or  the  benevo-
lent  orders  law,  which is the owner, lessee or occupant of a building
used exclusively for club purposes, and which does not traffic in  alco-
holic  beverages  for  profit and is operated solely for a recreational,
social, patriotic, political, benevolent or athletic purpose but not for
pecuniary gain; except that where such club is located in an  office  or
business  building, or state armory, it may be licensed as such provided
it otherwise qualifies as a "club" within the meaning of  this  subdivi-
sion.  A  "luncheon  club"  shall mean a club which is open only on week
days during the hours between eleven o'clock in the  morning  and  three
o'clock  in  the afternoon. A "member" of a club shall mean a person who
whether a charter member or admitted in agreement with  the  by-laws  of
the  club,  has  become a bona fide member thereof, who maintains his or
her 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 the list of members; or in the case of a veterans club  where
a  person has in his or her possession an identification card indicating
his or her membership in the national veterans' organization with  which
the  club  at which he or she is present is affiliated. For the purposes
of this section a veterans club shall include but not be limited to  the
Grand  Army of the Republic, the United Spanish War Veterans, the Veter-
ans of Foreign Wars, the Jewish War Veterans of the United States, Inc.,
the Catholic War Veterans, Inc., the Italian American  War  Veterans  of

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

                                                           LBD15622-01-2

A. 10096                            2

the United States, Incorporated, the Polish Legion of American Veterans,
Inc.,  the  Marine Corps League, the Military Order of the Purple Heart,
Inc., the American Legion, the Disabled American Veterans, AMVETS, Amer-
ican  Veterans of World War II, Masonic War Veterans of the State of New
York, Inc., Veterans of World War I of  the  United  States  of  America
Department  of  New  York, Inc., China-Burma-India Veterans Association,
Inc., Polish-American Veterans of World War II, the Sons of Union Veter-
ans, Vietnam Veterans of America, [or] the  Eastern  Paralyzed  Veterans
Association,  THE  SONS  OF  THE AMERICAN LEGION, OR THE AMERICAN LEGION
AUXILIARY.  In the case of a chapter or lodge of a not-for-profit corpo-
ration or a benevolent order qualifying as an organization described  in
section  501(c)(8)  or  501(c)(10) of the United States internal revenue
code, a member of another chapter or lodge of such not-for-profit corpo-
ration or benevolent order who has in his or her possession an identifi-
cation card or other proof of membership shall be deemed to be a member.
A club and a luncheon club shall appoint an alcoholic  beverage  officer
from  among its members who shall be responsible for filing all applica-
tions and other documents required to be submitted to the authority. The
person appointed alcoholic beverage officer shall be subject to approval
by the authority.
  S 2. This act shall take effect immediately.