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

                                 4667--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2011
                               ___________

Introduced  by M. of A. MILLMAN -- read once and referred to the Commit-
  tee on Economic Development --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

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 TWELVE, 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08304-02-1
              

A. 4667--A                          2

  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.
  5. ALL REAR YARD OR ROOFTOP SPACES MUST BE CLOSED AND VACATED BY ELEV-
EN  IN  THE  EVENING ON SUNDAY, MONDAY, TUESDAY, WEDNESDAY AND THURSDAY,
AND TWELVE IN THE EVENING ON FRIDAY AND SATURDAY, UNLESS  THE  COMMUNITY
BOARD WHERE THE ESTABLISHMENT IS LOCATED SHALL APPROVE AN EXTENDED CLOS-
ING 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.