senate Bill S762

Provides for the location and layout of premises of licensed retailers

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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

  • 09 / Jan / 2013
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 08 / Jan / 2014
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 29 / Apr / 2014
    • 1ST REPORT CAL.428
  • 30 / Apr / 2014
    • 2ND REPORT CAL.
  • 05 / May / 2014
    • ADVANCED TO THIRD READING
  • 20 / Jun / 2014
    • COMMITTED TO RULES

Summary

Provides for the location and layout of premises of licensed retailers.

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Bill Details

Versions:
S762
Legislative Cycle:
2013-2014
Current Committee:
Senate Rules
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd ยง105, ABC L

Votes

7
1
7
Aye
1
Nay
1
aye with reservations
0
absent
0
excused
0
abstained
show Investigations and Government Operations committee vote details

Sponsor Memo

BILL NUMBER:S762

TITLE OF BILL:
An act
to amend the alcoholic beverage control law, in relation to provisions
governing the location and layout of premises of licensed retailers

PURPOSE:
This bill will provide more flexibility to business owners in
designing the layout of a liquor store.

SUMMARY OF PROVISIONS:
Section 1. Amends subdivisions 2 and 10 of section 105 of the
alcoholic beverage control law , subdivision 2 as amended by chapter
536 of the laws of 1966 and paragraph (a) of subdivision 10 as
amended by chapter 679 of the laws of 1950 by no longer limiting a
liquor store to two entrances and no longer limiting the location of
a liquor store's primary entrance to the street level.

Section 2. Effective date.

EXISTING LAW:
Current law requires that the entrances to a liquor store are at the
street level and limits the number of entrances to two.

JUSTIFICATION:
This is an archaic law that was put into place immediately after
prohibition, when suspicions of criminal activity were warranted.
Today, the sale of liquor is part of a mature and legitimate industry
where such scrupulous regulations are no longer necessary. This bill
ensures that liquor stores are still regulated, without strictly
limiting the locations where entrepreneurs can chose to locate their
stores.

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
________________________________________________________________________

                                   762

                       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 Investigations and Govern-
  ment Operations

AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
  provisions  governing  the location and layout of premises of licensed
  retailers

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

  Section  1.  Subdivisions  2  and  10  of section 105 of the alcoholic
beverage control law, subdivision 2 as amended by  chapter  536  of  the
laws  of  1966 and paragraph (a) of subdivision 10 as amended by chapter
679 of the laws of 1950, are amended to read as follows:
  2. No premises shall be licensed  to  sell  liquors  and/or  wines  at
retail  for  off  premises  consumption,  unless  said premises shall be
located in a store, the principal entrance to  which  shall  be  CLEARLY
VISIBLE  from  [the  street  level] GROUND LEVEL and located on a public
thoroughfare in premises which may be occupied,  operated  or  conducted
for business, trade or industry or on an arcade or sub-surface thorough-
fare  leading  to  a  railroad terminal. [There may be not more than one
additional entrance which shall be from the street level and located  on
and giving access to and from a public or private parking lot or parking
area having space for not less than five automobiles.]
  10.  [(a)] Each retail licensee of liquor and/or wine for off-premises
consumption shall have conspicuously displayed within  the  interior  of
the  licensed  premises where sales are made and where it can be readily
inspected by consumers a printed price list of the liquors and/or  wines
offered for sale therein; and no liquor and/or wine shall be sold except
at the price set forth in such list[;
  (b)  No  screen,  blind, curtain, partition, article or thing shall be
permitted in the windows or upon the doors of  such  licensed  premises,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04950-01-3

S. 762                              2

which  shall  prevent  a  clear  view into the interior of such licensed
premises from the sidewalk, at all times; and
  (c)  No booth, screen, partition or other obstruction shall be permit-
ted in the interior of said licensed premises].
  S 2. This act shall take effect immediately.

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