Senate Bill S100

2009-2010 Legislative Session

Authorizes the state liquor authority to issue a retail license for on-premises consumption of alcoholic beverages for certain premises

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Archive: Last Bill Status - In Senate Committee Commerce, Economic Development And Small Business Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to commerce, economic development and small business
Jan 07, 2009	referred to commerce, economic development and small business

2009-S100 (ACTIVE) - Details

Current Committee:: Senate Commerce, Economic Development And Small Business
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §64, ABC L

2009-S100 (ACTIVE) - Summary

Authorizes the state liquor authority to issue a retail license for on-premises consumption of alcoholic beverages for certain premises located within 200 feet of a church.

2009-S100 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S100

PURPOSE OR GENERAL IDEA OF BILL:

To provide for the primary enforcement of, and make technical
clarifications to, the law governing portable electronic device use
while driving.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 Amends Section 1225-d (2) (b) of the Vehicle and Traffic
Law.  Clarifies the provisions relating to the use of portable
electronic devices while operating a motor vehicle, and removes a
provision requiring a summons for operating a motor vehicle in
violation of this law to be issued only when there is reasonable cause
to believe that the person operating such motor vehicle had committed
a violation of the laws of the State other than a violation of said
section.

Section 2 Amends 1225-d(4) of the Vehicle and Traffic Law. States that
the presumption established by this subdivision is rebuttable by
evidence tending to show that the operator was not using the device
within the meaning of this section.

Section 3 Amends Section 1225-d (6) of the Vehicle and Traffic Law.
Establishes that a violation of this section shall be a traffic

infraction punishable by a fine not more that $150.00.

Section 4 Effective Date

JUSTIFICATION:

Section 1225-d of the Vehicle and Traffic Law prohibits drivers of
motor vehicles from using portable electronic devices to engage in
certain activities while the motor vehicles they are operating are in
motion. As currently enacted, section 1225-d provides for "secondary"
(enforcement, whereby tickets for violations could only be issued if
motorists had violated another law of the State and law enforcement
officers had reasonable cause to so believe. By eliminating the
statutory language restricting the issuance of summonses to instances
where other laws were violated, police officers could now issue a
ticket when they observe a violation of Section 1225-d.

PRIOR LEGISLATIVE HISTORY:

2010 S.6810 - Referred to Transportation/A.9229 - Referred to
Transportation

2009 A.9229 - Referred to Transportation

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:


This act shall take effect immediately.

2009-S100 (ACTIVE) - Bill Text download pdf

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

                                   100

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sen. SAMPSON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Commerce, Economic  Devel-
  opment and Small Business

AN  ACT  to  amend  the alcoholic beverage control law, in relation to a
  license to sell liquor at retail for consumption on certain premises

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

  Section  1.  Subdivision  7  of  section  64 of the alcoholic beverage
control law is amended by adding  a  new  paragraph  (e-4)  to  read  as
follows:
  (E-4) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
SION,  THE AUTHORITY MAY ISSUE A RETAIL LICENSE FOR ON-PREMISES CONSUMP-
TION FOR A PREMISES WHICH SHALL BE LOCATED WITHIN TWO HUNDRED FEET OF  A
BUILDING  OCCUPIED  EXCLUSIVELY AS A CHURCH, SYNAGOGUE OR OTHER PLACE OF
WORSHIP, PROVIDED SUCH PREMISES CONSTITUTES A PREMISES FOR THE  SALE  OF
FOOD  OR  BEVERAGES  AT  RETAIL  FOR CONSUMPTION ON THE PREMISES LOCATED
WHOLLY WITHIN THE  BOUNDARIES  OF  THE  COUNTY  OF  KINGS,  BOUNDED  AND
DESCRIBED AS FOLLOWS:
PARCEL A
ALL  THAT  CERTAIN PLOT, PIECE OR PARCEL OF LAND, WITH THE BUILDINGS AND
IMPROVEMENTS THEREON ERECTED SITUATE, LYING AND BEING IN THE BOROUGH  OF
BROOKLYN,  COUNTY  OF  KINGS,  CITY  AND  STATE OF NEW YORK, BOUNDED AND
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERLY SIDE OF AVENUE D AND THE  WESTERLY
SIDE OF UTICA AVENUE;
RUNNING  THENCE WESTERLY ALONG THE SOUTHERLY SIDE OF AVENUE D, 40 FEET 4
INCHES;
THENCE SOUTHERLY PARALLEL WITH UTICA AVENUE AND  PART  OF  THE  DISTANCE
THROUGH A PARTY WALL, 20 FEET;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01830-01-9

S. 100                              2

THENCE  EASTERLY PARALLEL WITH AVENUE D AND PART OF THE DISTANCE THROUGH
A PARTY WALL, 40 FEET 4 INCHES TO THE WESTERLY SIDE OF UTICA AVENUE;
THENCE NORTHERLY ALONG THE WESTERLY SIDE OF UTICA AVENUE, 20 FEET TO THE
POINT OR PLACE OF BEGINNING.
SAID PREMISES BEING KNOWN AS 1250 UTICA AVENUE, BROOKLYN, NEW YORK.
PARCEL B
ALL  THAT  CERTAIN PLOT, PIECE OR PARCEL OF LAND, WITH THE BUILDINGS AND
IMPROVEMENTS THEREON ERECTED, SITUATE, LYING AND BEING IN THE BOROUGH OF
BROOKLYN, COUNTY OF KINGS, CITY AND  STATE  OF  NEW  YORK,  BOUNDED  AND
DESCRIBED AS FOLLOWS:
BEGINNING  AT  A  POINT ON THE WESTERLY SIDE OF UTICA AVENUE, DISTANT 40
FEET SOUTHERLY FROM THE CORNER FORMED BY THE INTERSECTION OF THE WESTER-
LY SIDE OF UTICA AVENUE WITH THE SOUTHERLY SIDE OF AVENUE D;
RUNNING THENCE WESTERLY PARALLEL WITH AVENUE D, 69 FEET 9 INCHES;
THENCE NORTHERLY PARALLEL WITH UTICA AVENUE, 40 FEET  TO  THE  SOUTHERLY
SIDE OF AVENUE D;
THENCE EASTERLY ALONG THE SOUTHERLY SIDE OF AVENUE D, 4 FEET 9 INCHES;
THENCE SOUTHERLY PARALLEL WITH UTICA AVENUE, 20 FEET;
THENCE  EASTERLY PARALLEL WITH AVENUE D AND PART OF THE DISTANCE THROUGH
A PARTY WALL, 65 FEET TO THE WESTERLY SIDE OF UTICA AVENUE;
THENCE SOUTHERLY ALONG THE WESTERLY SIDE OF UTICA AVENUE, 20 FEET TO THE
POINT OR PLACE OF BEGINNING.
SAID PREMISES BEING KNOWN AS 1252 UTICA AVENUE, BROOKLYN, NEW YORK.
  BEING THE SAME PREMISES AS CONVEYED BY DEED DATED  FEBRUARY  16,  1999
FROM  DORIS  HECHT  AS  EXECUTRIX OF THE LAST WILL AND TESTAMENT OF FRED
HECHT AND TOUBA HECHT  AND  DORIS  HECHT,  INDIVIDUALLY,  TO  212  FIFTH
AVENUE,  LLC, AND RECORDED IN THE KINGS COUNTY OFFICE OF THE CITY REGIS-
TER ON JULY 16, 1999 IN REEL 4527 AT PAGES 1644 AND 1648.
  S 2. This act shall take effect immediately.

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Senate Bill S100

Sponsored By

Archive: Last Bill Status - In Senate Committee Commerce, Economic Development And Small Business Committee

Actions

2009-S100 (ACTIVE) - Details

2009-S100 (ACTIVE) - Summary

2009-S100 (ACTIVE) - Sponsor Memo

2009-S100 (ACTIVE) - Bill Text download pdf

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Sponsored By

John L. Sampson

Archive: Last Bill Status - In Senate Committee Commerce, Economic Development And Small Business Committee

Actions

2009-S100 (ACTIVE) - Details

2009-S100 (ACTIVE) - Summary

2009-S100 (ACTIVE) - Sponsor Memo

2009-S100 (ACTIVE) - Bill Text download pdf

Comments