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

                                  11059

                          I N  A S S E M B L Y

                              May 12, 2010
                               ___________

Introduced  by  M. of A. TOWNSEND, BUTLER, KOON, SAYWARD, SPANO, TOBACCO
  -- Multi-Sponsored by -- M. of A. BARCLAY, CASTELLI, FINCH, GABRYSZAK,
  GIGLIO, JORDAN, McDONOUGH, MOLINARO, MONTESANO, OAKS, RABBITT, SCOZZA-
  FAVA, SKARTADOS, TEDISCO, TITONE -- read  once  and  referred  to  the
  Committee on Economic Development, Job Creation, Commerce and Industry

AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
  including the Sons of the American  Legion  and  the  American  Legion
  Auxiliary as a club

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

  Section 1. Subdivision 9  of  section  3  of  the  alcoholic  beverage
control  law,  as amended by chapter 575 of the laws of 2005, is amended
to read as follows:
  9. "Club" shall mean an organization of persons incorporated  pursuant
to  the  provisions of the not-for-profit corporation law or the benevo-
lent orders law, which is the owner, lessee or occupant  of  a  building
used  exclusively for club purposes, and which does not traffic in alco-
holic beverages for profit and is operated solely  for  a  recreational,
social, patriotic, political, benevolent or athletic purpose but not for
pecuniary  gain;  except that where such club is located in an office or
business building, or state armory, it may be licensed as such  provided
it  otherwise  qualifies as a "club" within the meaning of this subdivi-
sion. A "luncheon club" shall mean a club which is  open  only  on  week
days  during  the  hours between eleven o'clock in the morning and three
o'clock in the afternoon. A "member" of a club shall mean a  person  who
whether  a  charter  member or admitted in agreement with the by-laws of
the club, has become a bona fide member thereof, who  maintains  his  or
her  membership  by the payment of his or her annual dues in a bona fide
manner in accordance with the by-laws and  whose  name  and  address  is
entered  on the list of members; or in the case of a veterans club where
a person has in his or her possession an identification card  indicating
his  or her membership in the national veterans' organization with which
the club at which he or she is present is affiliated. For  the  purposes
of  this section a veterans club shall include but not be limited to the

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

                                                           LBD16485-01-0

A. 11059                            2

Grand Army of the Republic, the United Spanish War Veterans, the  Veter-
ans of Foreign Wars, the Jewish War Veterans of the United States, Inc.,
the  Catholic  War  Veterans, Inc., the Italian American War Veterans of
the United States, Incorporated, the Polish Legion of American Veterans,
Inc.,  the  Marine Corps League, the Military Order of the Purple Heart,
Inc., the American Legion, the Disabled American Veterans, AMVETS, Amer-
ican Veterans of World War II, Masonic War Veterans of the State of  New
York,  Inc.,  Veterans  of  World  War I of the United States of America
Department of New York, Inc.,  China-Burma-India  Veterans  Association,
Inc., Polish-American Veterans of World War II, the Sons of Union Veter-
ans,  Vietnam  Veterans  of America, [or] the Eastern Paralyzed Veterans
Association, THE SONS OF THE AMERICAN  LEGION  OR  THE  AMERICAN  LEGION
AUXILIARY.  In the case of a chapter or lodge of a not-for-profit corpo-
ration  or a benevolent order qualifying as an organization described in
section 501(c)(8) or 501(c)(10) of the United  States  internal  revenue
code, a member of another chapter or lodge of such not-for-profit corpo-
ration or benevolent order who has in his or her possession an identifi-
cation card or other proof of membership shall be deemed to be a member.
A  club  and a luncheon club shall appoint an alcoholic beverage officer
from among its members who shall be responsible for filing all  applica-
tions and other documents required to be submitted to the authority. The
person appointed alcoholic beverage officer shall be subject to approval
by the authority.
  S 2. This act shall take effect immediately.