senate Bill S4795

Authorizes automobile racing facilities to sell alcoholic beverages between the hours of 8:00 a.m. and noon on Sundays

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 25 / Apr / 2011
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 04 / Jan / 2012
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Summary

Authorizes automobile racing facilities to sell alcoholic beverages between the hours of 8:00 a.m. and noon on Sundays.

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Bill Details

See Assembly Version of this Bill:
A8350
Versions:
S4795
Legislative Cycle:
2011-2012
Current Committee:
Senate Investigations And Government Operations
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd ยงยง3 & 106, ABC L

Sponsor Memo

BILL NUMBER:S4795

TITLE OF BILL:
An act
to amend the alcoholic beverage control law, in relation to
automobile racing facilities

PURPOSE:
This bill would allow automobile racing facilities to sell alcoholic
beverages between 8:00 AM and noon on Sunday.

SUMMARY OF PROVISIONS:
Amends Section 3 of the alcohol beverage control law to add the
definition of an "automobile racing facility". Amends subdivision 5
to exclude automobile racing facilities from the governing hours of
sale for restaurants, taverns and other on-premises establishments and
adds a new subdivision 5-a to Section 106 of the alcoholic beverage
control law which provides for the hours during which alcoholic
beverages may be sold at automobile racing facilities.

EXISTING LAW:
The hour of sale of alcoholic beverages at automobile racing
facilities are currently governed by the hours of sale for retailers
licensed to sell alcoholic beverages for consumption on-premises.
Current law prohibits the sale of alcoholic beverages at
any on-premises location, including automobile racing facilities, on
Sunday between 4:00 AM and noon and on all other days between 4:00 AM
and 8:00 AM.

JUSTIFICATION:
Since the repeal of Prohibition, on-premises alcoholic beverage
licenses have been prohibited from selling alcohol on Sunday before
noon. A similar restriction on off-premises grocery, beer and wine
products licensees was relaxed in 2006 to allow for the sale of
alcoholic beverages by these licensees as early as 8:00 AM on Sundays
in recognition of the changing times and habits of the populace.

Automobile racing facilities and the members of the public attending
such events have changed over time as well. Watkins Glen
International, the only automobile racing facility that will
qualify for expanded hours of sale under this bill, serves as a
vehicle for tourism and economic development in the Southern Tier of
New York. During most of the races the average fan stays in the
region for 3.5 days helping boost the local economy. Most of their
events take place over weekends. Attendees at the events often camp
on site bringing with them food and beverage purchased off the
premises. Existing law allows them to purchase alcohol at
off-premises locations between 8:00 AM and noon on Sundays, but then
they cannot legally consume those beverages on site due to current
restrictions. This bill will eliminate that problem making it easier
for the automobile racing fans to enjoy their experience while being

compliant with the law. While this bill expands the ability of
automobile racing facilities to serve on Sundays, it still prevents
alcoholic beverage sales between 3:00 AM and 8:00 AM.

LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

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

                                  4795

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 25, 2011
                               ___________

Introduced  by  Sen.  O'MARA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT to amend the alcoholic beverage control law, in relation to auto-
  mobile racing facilities

  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 20-d to read as follows:
  20-D. "AUTOMOBILE RACING FACILITY" MEANS ANY CLOSED-COURSE MOTORSPORTS
COMPLEX AND ITS ANCILLARY GROUNDS THAT HAS AT LEAST FIFTY THOUSAND FIXED
SEATS  FOR  RACE PATRONS AND HOSTS AT LEAST ONE NASCAR SPRINT CUP SERIES
RACE AND AT LEAST TWO OTHER NATIONALLY  RECOGNIZED  RACING  EVENTS  EACH
CALENDAR YEAR.
  S  2.  The  opening  paragraph  of subdivision 5 of section 106 of the
alcoholic beverage control law, as amended by chapter 83 of the laws  of
1995, is amended to read as follows:
  No  alcoholic  beverages shall be sold, offered for sale or given away
upon any premises licensed to sell alcoholic  beverages  at  retail  for
on-premises consumption, EXCEPT AUTOMOBILE RACING FACILITIES, during the
following hours:
  S  3.  Section 106 of the alcoholic beverage control law is amended by
adding a new subdivision 5-a to read as follows:
  5-A. NO ALCOHOLIC BEVERAGES SHALL BE SOLD, OFFERED FOR SALE  OR  GIVEN
AWAY  UPON  AN  AUTOMOBILE  RACING  FACILITY  LICENSED TO SELL ALCOHOLIC
BEVERAGES AT RETAIL FOR ON-PREMISES CONSUMPTION BETWEEN FOUR ANTE  MERI-
DIEM AND EIGHT ANTE MERIDIEM.
  S 4. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10985-01-1

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