S T A T E O F N E W Y O R K
________________________________________________________________________
5064
2009-2010 Regular Sessions
I N A S S E M B L Y
February 10, 2009
___________
Introduced by M. of A. BRODSKY, DINOWITZ -- Multi-Sponsored by -- M. of
A. GOTTFRIED, HOOPER -- 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 the
sale of alcoholic beverages at certain sports facilities, to amend the
criminal procedure law, in relation to the designation of special
patrolpersons for sports facilities as peace officers, and to amend
chapter 694 of the laws of 1988 amending the alcoholic beverage
control law and the criminal procedure law relating to regulating the
sale of alcoholic beverages at sports facilities, in relation to
extending the effective period of the provisions of such chapter
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 3, 4, 5, 8, and 9 of section 106-b of the
alcoholic beverage control law, subdivisions 3, 8, and 9 as added by
chapter 694 of the laws of 1988, subdivision 4 as amended by chapter 695
of the laws of 1988, and subdivision 5 as amended by chapter 696 of the
laws of 1988, are amended to read as follows:
3. (a) [Immediately upon the effective date of this section] ON JANU-
ARY FIRST, TWO THOUSAND TEN, each facility operator shall designate not
less than ten percentum of all non-season ticket seating as either
nonalcohol seating accommodations [or], nonvending seating accommo-
dations, or both, and [that] such designations shall thereafter remain
in effect up to and until the commencement of designations pursuant to
paragraph (b) of this subdivision[,] or designations pursuant to subdi-
vision four of this section.
(b) The establishment of seating accommodations pursuant to subdivi-
sions one and two of this section may be implemented over a period of
three years from [the effective date of this section] JANUARY FIRST, TWO
THOUSAND TEN, and in a combination of nonalcoholic seating accommo-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08221-01-9
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dations and nonvending seating accommodations[,] that is consistent with
the provisions of this section[,]; provided that:
(i) designations of not less than one-third of the total seating
accommodations required pursuant to subdivisions one and two of this
section are made within one year of [the effective date of this section]
JANUARY FIRST, TWO THOUSAND TEN; PROVIDED, however, such designation up
to the first one-third of the total nonalcohol seating accommodation may
be designated in any ticket price area, and
(ii) designations of an additional one-third of the total seating
accommodations required pursuant to subdivisions one and two of this
section are made by January first, [nineteen hundred ninety-one] TWO
THOUSAND ELEVEN; PROVIDED, however, such designation up to the second
one-third of the total nonalcohol seating accommodation may be desig-
nated in any ticket price area, and
(iii) designations of a final one-third of the total seating accommo-
dations required pursuant to subdivisions one and two of this section
are made by January first, [nineteen hundred ninety-two] TWO THOUSAND
TWELVE.
(c) A facility operator may petition the [state liquor] authority for
an exemption from the provisions of subparagraphs (ii) and (iii) of
paragraph (b) [hereof] OF THIS SUBDIVISION as they relate to nonalcohol
seating if it can be shown that the demand for such seating does not
exceed the availability under subparagraph (i) of paragraph (b) [hereof]
OF THIS SUBDIVISION. The [state liquor] authority, in evaluating such
petition, shall consider, among other things, the availability of such
seating, the promotion of such seating, the method of merchandising
tickets for such seating, and the location of such seating sections
within the overall seating available in a given facility. In addition,
the [state liquor] authority shall consider any voluntarily instituted
alcohol reduction plan which includes, but is not necessarily limited
to, the provision of low alcohol beer, the limitation on the number of
servings of alcoholic beverages, or limitations on the size of such
servings.
(d) Nothing in this section shall be construed as prohibiting facility
operators from relocating designated nonvending or nonalcohol seating
accommodations in each year[,]; provided that each facility maintains
the levels of nonalcohol and nonvending seating accommodations provided
for in this section.
4. Notwithstanding any provision of this section to the contrary, a
facility operator shall be exempt from the provisions of subdivisions
one, two, and three [hereof,] OF THIS SECTION upon the filing of certif-
ication with the [state liquor] authority that said operator prohibits
the vending of alcoholic beverages in all seating areas of such facili-
ty, and furthermore provides non-alcohol seating accommodations in not
less than two percentum of the total permanent seating accommodations.
5. (a) For the purposes of preserving order and preventing offenses
against the laws of the state during the course of a sporting event, and
when otherwise authorized pursuant to the provisions of the criminal
procedure law and appropriate local legislation, the trustees or direc-
tors of any corporation acting in the capacity of facility operator and
licensed to do business in New York[,] may apply from time to time to
the commissioner of police of the municipality within which the facility
is located for the appointment of special [patrolmen] PATROLPERSONS,
who, when appointed, shall be peace officers with the same powers within
such facility as are set forth in section 2.20 of the criminal procedure
law, whose duty, when appointed, shall be to preserve order within the
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facility operated by the applicant corporation, to protect the property
within said facility, with the authority to eject or arrest all persons
who shall be improperly within the facility or who shall be guilty of
disorderly conduct, or who shall neglect or refuse to pay the fees
prescribed by said corporation; and it shall be the further duty of said
special [patrolmen] PATROLPERSONS, when appointed, to prevent all
violations of law and arrest any and all persons violating such
provisions[,] and to process such persons in accordance with the crimi-
nal procedure law. The appointment of special [patrolmen] PATROLPERSONS
pursuant to this section shall not supersede in any way the authority of
peace officers or police officers of the jurisdiction within which such
facility is located, nor shall any [patrolmen] PATROLPERSONS be deemed
by virtue of such employment an employee of said municipality, or be
entitled to any of the benefits arising from such employment, and such
special [patrolmen] PATROLPERSONS may be terminated by the commissioner
at any time, without assigning cause [therefore] THEREFOR.
(b) The special [patrolmen] PATROLPERSONS appointed and approved
pursuant to the provisions of this subdivision shall be the sole respon-
sibility of the applying corporate entity, and such entity shall indem-
nify and defend the municipality for any and all liability arising from
the acts or omissions of such officers. In consideration of their
appointment, special [patrolmen] PATROLPERSONS shall sign an agreement
in writing releasing and waiving all claim whatsoever against the police
department or the municipality for pay, salary or compensation for their
services, or for any other expenses connected thereto.
8. The [state liquor] authority shall promulgate rules and regulations
no later than January first, [nineteen hundred eighty-nine,] TWO THOU-
SAND TEN that provide for notification of facility operators of such
facilities and sellers of alcoholic beverages at such facilities of the
provisions of this section [and], that provide for the conspicuous post-
ing at such facilities OF notices informing the public of the provisions
of this section, indicating the nonalcohol and nonvending seating accom-
modations designated pursuant to this section, and the penalty for
violating this section[,] and shall promulgate BY SAID DATE such other
rules and regulations in furtherance of the provisions of this section
AS THE AUTHORITY DEEMS NECESSARY.
9. The [state liquor] authority shall report to the governor and
legislature no later than February first, [nineteen hundred ninety-
three] TWO THOUSAND THIRTEEN on the compliance with the provisions of
this section, any and all administrative or enforcement actions taken
under the authority vested in it by the provisions of this section and
the effectiveness of the provisions of this section in reducing the
occurrence of alcohol-related incidents.
S 2. Subdivision 55 of section 2.10 of the criminal procedure law, as
amended by chapter 695 of the laws of 1988, is amended to read as
follows:
55. Special [patrolmen] PATROLPERSONS for sports facilities in the
performance of sporting events, pursuant to the provisions of section
one hundred six-b of the alcoholic beverage control law; provided,
however, that nothing in this section shall be deemed to authorize such
officer to carry, possess, repair, or dispose of a firearm unless such
officer is required pursuant to his OR HER status as a police officer
within this state.
S 3. Section 4 of chapter 694 of the laws of 1988 amending the alco-
holic beverage control law and the criminal procedure law relating to
A. 5064 4
regulating the sale of alcoholic beverages at sports facilities is
amended to read as follows:
S 4. This act shall take effect on the first day of January next
succeeding the date on which it shall have become a law, and shall
expire on the first day of July, [nineteen hundred ninety-three] 1993;
PROVIDED, HOWEVER THAT THE PROVISIONS OF SECTION 106-B OF THE ALCOHOLIC
BEVERAGE CONTROL LAW AND SUBDIVISION 55 OF SECTION 2.10 OF THE CRIMINAL
PROCEDURE LAW SHALL CONTINUE AND BE REVIVED ON JANUARY 1, 2010 AND AS
CONTINUED AND REVIVED SHALL EXPIRE ON JANUARY 1, 2014.
S 4. This act shall take effect January 1, 2010; provided, however,
that the amendments to section 106-b of the alcoholic beverage control
law made by section one of this act and the amendments to subdivision 55
of section 2.10 of the criminal procedure law made by section two of
this act shall not affect the expiration of such section and subdivi-
sion, respectively, and shall be deemed to expire therewith and
provided, further that the state liquor authority is authorized to
promulgate any and all rules and regulations and take any other measures
necessary to implement this act on its effective date on or before such
date.