senate Bill S6764A

Relates to pro rata license fees for seasonal bars

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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

  • 07 / Mar / 2014
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 28 / May / 2014
    • 1ST REPORT CAL.973
  • 29 / May / 2014
    • 2ND REPORT CAL.
  • 02 / Jun / 2014
    • ADVANCED TO THIRD READING
  • 10 / Jun / 2014
    • AMENDED ON THIRD READING 6764A
  • 17 / Jun / 2014
    • PASSED SENATE
  • 17 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 17 / Jun / 2014
    • REFERRED TO ECONOMIC DEVELOPMENT

Summary

Relates to pro rata license fees for seasonal bars.

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Bill Details

Versions:
S6764
S6764A
Legislative Cycle:
2013-2014
Current Committee:
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd ยง100, ABC L

Sponsor Memo

BILL NUMBER:S6764A

TITLE OF BILL: An act to amend the alcoholic beverage control law, in
relation to lowering the alcohol license fees for seasonally operated
bars

PURPOSE:

To establish pro rata license fees, based on the number of months in
operation, that owners of seasonal bars pay for licensure.

SUMMARY OF PROVISIONS:

Section 1 amends subdivision 4 of section 100 of the Alcoholic
Beverage Control Law to allow a licensed premise that operates a
seasonal bar in addition to its licensed bar, to pay a prorated amount
of the additional bar fee, based on the number of months in operation
for its seasonal bar.

Section 2 authorizes the State Liquor Authority to promulgate any
rules or regulations with regard to this act.

Section 3 makes the act effective on the ninetieth day after it
becomes law, however, section 2 of this act shall take effect
immediately.

JUSTIFICATION:

This legislation was drafted on behalf of a constituent who operates
his indoor bar year-round but also operates an outdoor tiki bar at the
same establishment, which is open for about half the year during warm
weather months.

The New York State Liquor Authority requires a license for each bar.
Even though the outdoor bar is strictly seasonal, the Authority
mandates that the fee for this additional bar be equivalent to the
amount of the annual license fee paid by the licensee. Currently it is
$1800 for a two-year license.

There is no objection to needing two separate licenses in this
situation, but there are reservations about paying full price for a
license that is only used part of the time. The Governor has
repeatedly stated "New York is Open for Business" but this State
requirement is certainly hurting my constituent as well as many other
already struggling small business owners. This legislation will allow
a prorated fee for the license, based on the number of months in
operation.

This will be financially palatable to seasonal bar operators.

LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPLICATIONS:

This bill would save many seasonally operated bars much needed money.


EFFECTIVE DATE:

This act shall take effect 90 days after it becomes law except
effective immediately, any addition, amendment and/or repeal of any
rule or regulation necessary for implementation of this act.

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

                                 6764--A
    Cal. No. 973

                            I N  S E N A T E

                              March 7, 2014
                               ___________

Introduced by Sen. MARCHIONE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment  Operations -- reported favorably from said committee, ordered to
  first and second report, ordered  to  a  third  reading,  amended  and
  ordered reprinted, retaining its place in the order of third reading

AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
  lowering the alcohol license fees for seasonally operated bars

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

  Section  1.    Subdivision  4 of section 100 of the alcoholic beverage
control law, as amended by chapter 614 of the laws of 1984,  is  amended
to read as follows:
  4. Alcoholic beverages may be sold to be consumed on the premises at a
bar,  counter  or  similar  contrivance.  Only  one such bar, counter or
contrivance shall be permitted in any licensed premises, except that not
more than two additional bars, counters or contrivances may be permitted
by the liquor authority for good cause shown to it, and upon the payment
to it of a fee, for each additional bar, equivalent to the amount of the
annual license fee paid by the licensee [and except  that]  OR,  IN  THE
CASE OF AN ADDITIONAL BAR, COUNTER OR CONTRIVANCE OPERATED ON A SEASONAL
BASIS,  A FEE EQUIVALENT TO THE AMOUNT OF THE ANNUAL LICENSE FEE PAID BY
THE LICENSEE PRORATED FOR THE NUMBER OF MONTHS THAT THE SEASONAL BAR  IS
IN OPERATION. PROVIDED HOWEVER THAT:
  (A)  if the licensed premises is a legitimate theatre or concert hall,
or contiguous to and used in conjunction with a  legitimate  theatre  or
concert hall, additional bars, counters or contrivances may be permitted
by  the  liquor  authority  upon  payment  to it of an annual fee of one
hundred dollars for each such additional bar, counter or contrivance  so
permitted,  in  addition to the annual license fee paid by such licensee
[and except that];
  (B) if such licensed premises be located  at  a  baseball  park,  race
track,  or  either  outdoor or indoor athletic field, facility, arena or
stadium, additional bars, counters or contrivances where beer  shall  be
sold  at retail for consumption on the premises [maybe] MAY BE permitted

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11725-09-4

S. 6764--A                          2

by the liquor authority, upon payment to it of the annual fee of  thirty
dollars  for each such additional bar, counter or contrivance so permit-
ted, in addition to the amount of the annual license  fee  paid  by  the
licensee[, and except that]; AND
  (C) temporary portable bars, counters or contrivances shall be permit-
ted  in  a ballroom, meeting room or private dining-room on the licensed
premises of a hotel, restaurant or club during such time as  said  ball-
room,  meeting room or private dining-room is used for a private dinner,
entertainment, meeting or similar affair to which members of the general
public are not admitted.
  S 2.  This act shall take effect on the ninetieth day after  it  shall
have  become  a  law; provided, however, that effective immediately, the
addition, amendment and/or repeal of any rule  or  regulation  necessary
for  the implementation of this act on its effective date are authorized
and directed to be made and completed on or before such effective date.

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