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Senate Bill S6179

2009-2010 Legislative Session

Permits a retail tobacco business licensed to sell liquor on the premises to allow smoking in the same area where the liquor is sold

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Archive: Last Bill Status - On Floor Calendar

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2009-S6179 (ACTIVE) - Details

See Assembly Version of this Bill:
A8982
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd ยง64, ABC L
Versions Introduced in 2011-2012 Legislative Session:
S4859, A7305

2009-S6179 (ACTIVE) - Summary

Permits a retail tobacco business licensed to sell liquor on the premises to allow smoking in the same area where the liquor is sold when: (a) the sale of alcoholic beverages for on-premise consumption does not exceed 10% of the receipts of the business; (b) the business was in existence prior to 1947; and (c) the smoking area is not open to the general public and is used exclusively by members and guests of a club sponsored by the retail tobacco business.

2009-S6179 (ACTIVE) - Sponsor Memo

2009-S6179 (ACTIVE) - Bill Text download pdf 

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

                                  6179

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                           September 21, 2009
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
  permitting  a  retail  tobacco business licensed to sell liquor on the
  premises to allow smoking in the same area where the liquor is sold

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

  Section 1. Section 64 of the alcoholic beverage control law is amended
by adding a new subdivision 10 to read as follows:
  10.  NOTWITHSTANDING  ANY OTHER LAW, RULE OR REGULATION, SUCH PREMISES
THAT IS WITHIN THE DEFINITION OF A RETAIL TOBACCO BUSINESS,  AS  DEFINED
IN  SECTION THIRTEEN HUNDRED NINETY-NINE-N OF THE PUBLIC HEALTH LAW, MAY
HOLD A LICENSE TO SELL LIQUOR AT RETAIL FOR CONSUMPTION ON THE  PREMISES
AND  SERVE FOOD IN COMPLIANCE WITH SUCH LICENSE AS LONG AS THE FOLLOWING
CONDITIONS ARE MET TO THE SATISFACTION OF THE AUTHORITY: (A) THE SALE OF
LIQUOR OR OTHER ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION AT  SUCH
RETAIL  TOBACCO BUSINESS SHALL NOT EXCEED TEN PERCENT OF THE RECEIPTS OF
THE RETAIL SALE OF TOBACCO PRODUCTS AND ACCESSORIES  AT  SUCH  PREMISES;
(B)  ONLY  A RETAIL TOBACCO BUSINESS, OR THE SUCCESSOR TO SUCH BUSINESS,
THAT WAS IN EXISTENCE PRIOR TO NINETEEN HUNDRED  FORTY-SEVEN  MAY  APPLY
FOR  SUCH A LICENSE TO SIMULTANEOUSLY SELL LIQUOR AT RETAIL FOR ON-PREM-
ISES CONSUMPTION; AND (C) SUCH SMOKING AREA THAT  IS  THE  PREMISES  FOR
ON-PREMISES  CONSUMPTION  OF  LIQUOR  SHALL  NOT  BE OPEN TO THE GENERAL
PUBLIC AND MUST BE EXCLUSIVELY USED ONLY BY MEMBERS AND GUESTS  OF  SUCH
MEMBERS  OF  A CLUB ASSOCIATED WITH AND SPONSORED BY SUCH RETAIL TOBACCO
BUSINESS. SUCH CLUB MAY ALSO CONDUCT  LECTURES,  SEMINARS,  AND  SPECIAL
EVENTS  FOR  ITS  MEMBERS ON SUCH PREMISES. SUCH APPLICATION SHALL BE IN
SUCH FORM AND SHALL CONTAIN SUCH INFORMATION AS SHALL BE REQUIRED BY THE
AUTHORITY AND SHALL BE ACCOMPANIED BY A CHECK OR  DRAFT  IN  THE  AMOUNT
REQUIRED BY THIS ARTICLE FOR SUCH LICENSE. THIS SUBDIVISION SHALL SUPER-
SEDE  THE  PROVISIONS  OF  SECTION THIRTEEN HUNDRED NINETY-NINE-R OF THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14275-01-9

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