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Assembly Bill A7305

2011-2012 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 - In Senate Committee Rules Committee

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2011-A7305 (ACTIVE) - Details

See Senate Version of this Bill:
S4859
Current Committee:
Senate Rules
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd ยง64, ABC L
Versions Introduced in 2009-2010 Legislative Session:
A8982, S6179

2011-A7305 (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 when the membership fees or dues are at least $1,000 a year.

2011-A7305 (ACTIVE) - Bill Text download pdf 

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

                                  7305

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             April 29, 2011
                               ___________

Introduced  by  M. of A. BING -- read once and referred to the Committee
  on Economic Development

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. MEMBERSHIP TO SUCH CLUB SHALL REQUIRE AT LEAST THE PAYMENT  OF
ONE THOUSAND DOLLARS ANNUALLY IN MEMBERSHIP FEES OR DUES.  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09327-02-1

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