senate Bill S4129

Amended

Provides an exemption for a retail liquor license in the county of Erie

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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

  • 11 / Mar / 2013
    • REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
  • 19 / Mar / 2013
    • 1ST REPORT CAL.230
  • 20 / Mar / 2013
    • 2ND REPORT CAL.
  • 21 / Mar / 2013
    • ADVANCED TO THIRD READING
  • 30 / Apr / 2013
    • PASSED SENATE
  • 30 / Apr / 2013
    • DELIVERED TO ASSEMBLY
  • 30 / Apr / 2013
    • REFERRED TO ECONOMIC DEVELOPMENT
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
  • 29 / Jan / 2014
    • AMEND AND RECOMMIT TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
  • 29 / Jan / 2014
    • PRINT NUMBER 4129A
  • 28 / May / 2014
    • 1ST REPORT CAL.961
  • 29 / May / 2014
    • 2ND REPORT CAL.
  • 02 / Jun / 2014
    • ADVANCED TO THIRD READING
  • 03 / Jun / 2014
    • PASSED SENATE
  • 03 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 03 / Jun / 2014
    • REFERRED TO ECONOMIC DEVELOPMENT

Summary

Provides an exemption for a retail liquor license in the county of Erie.

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Bill Details

See Assembly Version of this Bill:
A6229
Versions:
S4129
S4129A
Legislative Cycle:
2013-2014
Current Committee:
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd ยง64, ABC L

Sponsor Memo

BILL NUMBER:S4129

TITLE OF BILL: An act to amend the alcoholic beverage control law, in
relation to providing an exemption for a retail liquor license

PURPOSE: This bill amends Section 64 of the alcohol beverage control
law in relation to allowing a family restaurant located within 200
feet of a school to hold a liquor license.

JUSTIFICATION: This bill will help a local Erie Country establishment
currently in good standing stay in business. This establishment, Brick
Oven Bistro, already has a permit to sell beer and wine, meaning they
are grandfathered in and allowed to disregard the 200 foot rule. They
would like to expand their beverage selection, but are unable to do so
because of their proximity to a school building. This bill will help
keep this restaurant in business without increasing the outlets for
alcohol near a school, seeing as this establishment is already
permitted to sell alcoholic beverages.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.

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

                                  4129

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 11, 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
  providing an exemption for a retail liquor license

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

  Section  1.  Subdivision  7  of  section  64 of the alcoholic beverage
control law is amended by adding  a  new  paragraph  (e-5)  to  read  as
follows:
  (E-5) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
SION,  THE AUTHORITY MAY ISSUE A RETAIL LICENSE FOR ON-PREMISES CONSUMP-
TION FOR A PREMISES WHICH SHALL BE LOCATED WITHIN TWO HUNDRED FEET OF  A
BUILDING  OCCUPIED  EXCLUSIVELY AS A CHURCH, SYNAGOGUE OR OTHER PLACE OF
WORSHIP, PROVIDED SUCH PREMISES CONSTITUTE A PREMISES FOR  THE  SALE  OF
FOOD  OR  BEVERAGES  AT  RETAIL  FOR CONSUMPTION ON THE PREMISES LOCATED
WHOLLY WITHIN  THE  BOUNDARIES  OF  THE  COUNTY  OF  ERIE,  BOUNDED  AND
DESCRIBED AS FOLLOWS:
BEGINNING  AT  A  POINT ON THE EASTERLY SIDE OF ABBOTT ROAD, DISTANT TWO
HUNDRED FIVE AND FIFTY NINE HUNDREDTHS FEET NORTHERLY  FROM  THE  CORNER
FORMED  BY THE INTERSECTION OF THE EASTERLY SIDE OF ABBOTT ROAD WITH THE
NORTHERLY SIDE OF SHENANDOAH ROAD; RUNNING  THENCE  NORTHERLY,  PARALLEL
WITH  ABBOTT  ROAD, EIGHT FIVE FEET TO THE INTERSECTION OF EASTERLY SIDE
OF ABBOTT ROAD WITH THE SOUTHERLY SIDE OF NARAGANSETT ROAD; THENCE EAST-
ERLY, PARALLEL WITH NARAGANSETT ROAD, ONE  HUNDRED  FORTY  FEET;  THENCE
SOUTHERLY,  PARALLEL WITH ABBOTT ROAD, EIGHT FIVE FEET; THENCE WESTERLY,
PARALLEL WITH NARAGANSETT ROAD, ONE HUNDRED FORTY FEET.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09431-01-3

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