senate Bill S4859

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

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Sponsor

Bill Status


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

  • 27 / Apr / 2011
    • REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
  • 04 / Jan / 2012
    • REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
  • 05 / Jun / 2012
    • 1ST REPORT CAL.1026
  • 06 / Jun / 2012
    • 2ND REPORT CAL.
  • 11 / Jun / 2012
    • ADVANCED TO THIRD READING
  • 21 / Jun / 2012
    • COMMITTED TO RULES

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 when the membership fees or dues are at least $1,000 a year.

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Bill Details

Versions:
S4859
Legislative Cycle:
2011-2012
Current Committee:
Senate Rules
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd ยง64, ABC L
Versions Introduced in 2009-2010 Legislative Cycle:
S6179

Sponsor Memo

BILL NUMBER:S4859

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) 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, b) an established retail tobacco business
established prior to 1947, 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, and
membership in such a club requires at least the payment of $1,000
annually in membership fees or dues.

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:
2009-10: S.6179 Advanced to Third Reading, A.8982 Referred to
Economic Development

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect ninety days after it shall have become law.
The State Liquor Authority shall be authorized to promulgate rules


and regulations prior to such effective date to implement the
provisions of this act.

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