senate Bill S353

Removes provisions requiring licensed premises to comply at all times with the regulations of the local department of health

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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

  • 09 / Jan / 2013
    • REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
  • 08 / Jan / 2014
    • REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS

Summary

Removes provisions requiring licensed premises to comply at all times with the regulations of the local department of health.

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Bill Details

Versions:
S353
Legislative Cycle:
2013-2014
Current Committee:
Senate Commerce, Economic Development And Small Business
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd ยง64-a, ABC L

Sponsor Memo

BILL NUMBER:S353

TITLE OF BILL:
An act
to amend the alcoholic beverage control law, in relation to special
license to sell liquor at retail for consumption on the premises

PURPOSE:
To remove redundant language from section 64-a of the Alcohol Beverage
Control Law that a licensed premises shall comply with all
regulations of the local department of health.

SUMMARY OF PROVISIONS:
Section one eliminates redundant language from section 64-a of the
Alcohol Beverage Control Law that a licensed premises shall comply
with all regulations of the local department of health.
Section two of this bill provides an immediate effective date.

EXISTING LAW:
Language in section 64-a requires all licensees under the section to
operate in compliance with the health code.

JUSTIFICATION:
No such language appears in any other section of the ABC law. It's
inclusion in the law is most likely because, when written, 64-a
provided the opportunity for on-premise consumption of alcohol with
limited food service for the first time and at that time legislators
felt that it was important to indicate the health code would be
applicable. Today it is well established that all on premise licensees
must comply with the health code, and such compliance is enforced by
departments of health. However, operators licensed pursuant to
section 64-a are cited for health code violations by the SLA as a
result of the current language. It is not the proper purview of the
SLA to be enforcing local health codes, such enforcement should be
left to the departments of health, as it currently is for operators
licensed pursuant to sections 64, 64-b, 64-c, and 64-d.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediate.

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

                                   353

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Commerce, Economic  Devel-
  opment and Small Business

AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
  special license to sell liquor at retail for consumption on the  prem-
  ises

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

  Section 1. Subdivision 8 of section 64-a  of  the  alcoholic  beverage
control  law, as added by chapter 531 of the laws of 1964, is amended to
read as follows:
  8. Every special on-premises licensee shall regularly keep food avail-
able for sale to its customers for  consumption  on  the  premises.  The
availability  of  sandwiches, soups or other foods, whether fresh, proc-
essed, pre-cooked or  frozen,  shall  be  deemed  compliance  with  this
requirement.  [The  licensed premises shall comply at all times with all
the regulations of the local department of health.] Nothing contained in
this subdivision, however, shall be construed to require that  any  food
be  sold or purchased with any liquor, nor shall any rule, regulation or
standard be promulgated or enforced requiring that the sale of  food  be
substantial  or  that  the  receipts of the business other than from the
sale of liquor equal any set percentage of  total  receipts  from  sales
made therein.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02144-01-3

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