S T A T E   O F   N E W   Y O R K
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                                  11288

                          I N  A S S E M B L Y

                              May 25, 2010
                               ___________

Introduced  by M. of A. MILLMAN -- read once and referred to the Commit-
  tee on Economic Development, Job Creation, Commerce and Industry

AN ACT to amend the alcoholic beverage control law, in relation to roof-
  top bars

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

  Section  1.  The alcoholic beverage control law is amended by adding a
new section 99-h to read as follows:
  S 99-H. REAR YARD AND ROOFTOP PERMIT IN CITIES WITH  A  POPULATION  OF
ONE  MILLION  OR  MORE.  1.  FOR PURPOSES OF THIS SECTION, THE FOLLOWING
DEFINITIONS SHALL APPLY:
  (A) "REAR YARD" SHALL MEAN THE SPACE IN THE REAR OF A  BUILDING  WHICH
IS WITHIN FIVE HUNDRED FEET OF PROPERTY ZONED FOR RESIDENTIAL USE;
  (B) "ROOFTOP" SHALL MEAN THE EXTERIOR SURFACE AT THE TOP OF A BUILDING
NO FEWER THAN TEN STORIES ABOVE ANY RESIDENTIAL HOUSING.
  2.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF THIS CHAPTER, BEGINNING
JANUARY FIRST, TWO THOUSAND ELEVEN, LICENSEES WITHIN A CITY WITH A POPU-
LATION OF ONE MILLION OR MORE SHALL REQUIRE  A  REAR  YARD  AND  ROOFTOP
PERMIT TO SERVE ALCOHOL TO PATRONS IN A REAR YARD OR ON A ROOFTOP.
  3. NO PERMIT SHALL BE GRANTED FOR THE CONSUMPTION OF ALCOHOL IN A REAR
YARD OR ROOFTOP, UNLESS:
  (A)  THE  LICENSEE ONLY PROVIDES WAITER OR WAITRESS SERVICE TO PATRONS
SEATED AT TABLES IN SUCH AREAS;
  (B) NO AMPLIFIED MUSIC SHALL BE PLAYED IN SUCH AREAS AND  WINDOWS  AND
DOORS TO AREAS IN WHICH AMPLIFIED MUSIC IS PLAYED SHALL REMAIN CLOSED;
  (C)  AN APPLICANT FOR A REAR YARD AND ROOFTOP PERMIT SUBMITS A PLAN TO
THE AUTHORITY WITH A DRAWING DONE TO SCALE SHOWING THE SIZE OF THE  REAR
YARD  OR  ROOFTOP, ITS PROXIMITY TO NEIGHBORING BUILDINGS, THE PLACEMENT
OF TABLES AND CHAIRS, THE APPLICANT'S PLAN FOR LIGHTING, AND THE  PLACE-
MENT OF FIRE ESCAPES, LADDERS AND DOORS TO ADJOINING PLACES OF REFUGE.
  4.  THE  COMMUNITY BOARD WHERE THE APPLICANT IS LOCATED MAY EXPRESS AN
OPINION FOR OR AGAINST THE GRANTING OF SUCH  PERMIT.  ANY  SUCH  OPINION
SHALL BE DEEMED PART OF THE RECORD UPON WHICH THE LIQUOR BOARD MAKES ITS
DETERMINATION TO GRANT OR DENY SUCH LICENSE.

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

                                                           LBD17492-01-0

A. 11288                            2

  5.  ALL  REAR YARD OR ROOFTOP SPACES MUST BE CLOSED AND VACATED BY TEN
IN THE EVENING ON SUNDAY, MONDAY, TUESDAY, WEDNESDAY AND  THURSDAY,  AND
ELEVEN IN THE EVENING ON FRIDAY AND SATURDAY, UNLESS THE COMMUNITY BOARD
WHERE  THE  PERMIT  HOLDER  IS LOCATED SHALL APPROVE AN EXTENDED CLOSING
TIME.
  6. THE COMMISSIONER, WITH THE CONSULTATION OF THE COMMUNITY BOARD OF A
CITY  WITH  A  POPULATION  OF  ONE MILLION OR MORE, SHALL ESTABLISH SUCH
RULES, REGULATIONS, TERMS AND CONDITIONS IN RESPECT TO THE GRANTING  AND
ISSUANCE OF SUCH PERMIT, WHICH SHALL HAVE THE FORCE AND EFFECT OF LAW.
  S 2. This act shall take effect immediately.