senate Bill S2378A

2011-2012 Legislative Session

Provides for the issuance of a multiple event permit

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (18)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 12, 2012 referred to economic development
delivered to assembly
passed senate
ordered to third reading cal.1163
reported and committed to rules
Apr 17, 2012 print number 2378a
amend and recommit to finance
Jan 09, 2012 reported and committed to finance
Jan 04, 2012 referred to investigations and government operations
returned to senate
died in assembly
Jun 13, 2011 referred to economic development
delivered to assembly
passed senate
May 02, 2011 advanced to third reading
Apr 13, 2011 2nd report cal.
Apr 12, 2011 1st report cal.358
Jan 19, 2011 referred to investigations and government operations

Votes

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Jun 12, 2012 - Finance committee Vote

S2378A
30
2
committee
30
Aye
2
Nay
2
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Finance committee vote details

Jun 12, 2012 - Rules committee Vote

S2378A
23
0
committee
23
Aye
0
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Rules committee vote details

Jan 9, 2012 - Investigations and Government Operations committee Vote

S2378
7
0
committee
7
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Jan 9, 2012

aye wr (1)

Apr 12, 2011 - Investigations and Government Operations committee Vote

S2378
4
0
committee
4
Aye
0
Nay
2
Aye with Reservations
0
Absent
2
Excused
0
Abstained
show committee vote details

Committee Vote: Apr 12, 2011

aye wr (2)
excused (2)

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

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S2378 - Bill Details

See Assembly Version of this Bill:
A6064A
Current Committee:
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §98, ABC L
Versions Introduced in 2009-2010 Legislative Session:
S3058

S2378 - Bill Texts

view summary

Authorizes the state liquor authority to issue multiple event permits.

view sponsor memo
BILL NUMBER:S2378

TITLE OF BILL:
An act
to amend the alcoholic beverage control law, in relation to providing a
multiple event caterer's permit

PURPOSE:
To provide for a multiple event caterer's permit.

EXISTING LAW:
Current law requires caterers to apply for a separate
permit for each function.

JUSTIFICATION:
Under current law, Section 9R of the Alcoholic
Beverage Control Law provides that caterers must apply to the State
Liquor Authority for a permit each time that they wish to serve
alcoholic beverages for a function or occasion at a hotel.
restaurant, club, ballroom or other premises. Having to apply for a
permit for each function can be extremely burdensome for caterers who
make their living providing food and beverages at various locations.
This bill would facilitate operations for caterers, many of which are
small businesses, and would reduce the number of caterer's permit
applications which the State Liquor Authority would be required to
review.

Caterers with a multiple event caterer's permit would be required to
provide the State Liquor Authority with information, as specified by
the Liquor Authority, regarding each function or event that the
caterer plans to serve at least five business days prior to each
function or event. The annual fee for a multiple event caterer's
permit would be $250

LEGISLATIVE HISTORY:
S.3058 of 2009-10; S.7471-A of 2008.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
180 days after becoming a law.

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

                                  2378

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 19, 2011
                               ___________

Introduced  by  Sens.  SEWARD,  BONACIC,  DeFRANCISCO,  JOHNSON, LARKIN,
  O'MARA, RANZENHOFER, SALAND -- read twice  and  ordered  printed,  and
  when  printed  to  be committed to the Committee on Investigations and
  Government Operations

AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
  providing a multiple event caterer's permit

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

  Section 1. Section 98 of the alcoholic beverage control law is amended
by adding a new subdivision 1-a to read as follows:
  1-A. THE LIQUOR AUTHORITY IS HEREBY AUTHORIZED TO ISSUE TO CATERERS  A
PERMIT EFFECTIVE FOR A ONE YEAR PERIOD WHICH SHALL AUTHORIZE THE SERVICE
OF  ALCOHOLIC  BEVERAGES AT MULTIPLE FUNCTIONS, OCCASIONS OR EVENTS IN A
HOTEL, RESTAURANT, CLUB, BALLROOM, OR OTHER PREMISES. CATERERS WHO  HAVE
BEEN  ISSUED  SUCH  A  PERMIT  SHALL  BE  REQUIRED TO PROVIDE THE LIQUOR
AUTHORITY WITH  INFORMATION,  AS  SPECIFIED  BY  THE  LIQUOR  AUTHORITY,
REGARDING EACH FUNCTION OR EVENT AND ITS LOCATION AT LEAST FIVE BUSINESS
DAYS  PRIOR  TO  THE  FUNCTION  OR EVENT. THE PERMIT SHALL AUTHORIZE THE
SERVICE OF ALCOHOLIC BEVERAGES WITHIN THE HOURS, FIXED BY OR PURSUANT TO
SUBDIVISION FIVE OF SECTION ONE HUNDRED  SIX  OF  THIS  CHAPTER,  DURING
WHICH  ALCOHOLIC  BEVERAGES MAY LAWFULLY BE SOLD OR SERVED UPON PREMISES
LICENSED TO SELL ALCOHOLIC BEVERAGES AT RETAIL FOR ON-PREMISES  CONSUMP-
TION  IN  THE  COMMUNITY  IN WHICH IS LOCATED THE PREMISES IN WHICH SUCH
FUNCTION OR EVENT IS HELD. A PERMIT SHALL ONLY BE ISSUED TO AN  ON-PREM-
ISES  LIQUOR,  WINE  OR  BEER  LICENSEE.  THE FEE THEREFORE SHALL BE TWO
HUNDRED FIFTY DOLLARS.  SUCH A PERMIT AND THE EXERCISE OF THE  PRIVILEGE
GRANTED  THEREBY  MAY BE SUBJECTED TO SUCH RULES BY THE LIQUOR AUTHORITY
AS IT DEEMS NECESSARY.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05765-01-1

Co-Sponsors

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S2378A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A6064A
Current Committee:
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §98, ABC L
Versions Introduced in 2009-2010 Legislative Session:
S3058

S2378A (ACTIVE) - Bill Texts

view summary

Authorizes the state liquor authority to issue multiple event permits.

view sponsor memo
BILL NUMBER:S2378A

TITLE OF BILL:
An act to amend the alcoholic beverage control law, in relation to
providing a multiple event caterer's permit

PURPOSE:
To provide for a multiple event caterer's permit.

SUMMARY OF PROVISIONS:
Amends section 98 of the alcoholic beverage control law to authorize the
State Liquor Authority to issue a single permit to allow for alcoholic
beverages to be sold at multiple functions. Such multiple event permit
shall be effective for a one year period with a fee of $2000. The permit
shall not be used at any premises located in a municipality with a popu-
lation of one million or more.

Section 98 is further amended to authorize the SLA to deny a permit for
good cause shown. Any caterers permit must also be filed with the SLA at
least 15 days before the function. Multiple event permit holders shall
also provide the SLA with information in writing identifying the
location of each event and any other information required at least
fifteen days before the function. The location is deemed approved within
seven days unless the SLA notifies the permit holder of any objections.
Permits must also be posted and displayed at all times at each event
location.

EXISTING LAW:
Current law requires caterers to apply for and receive approval for a
separate permit for each function. Each separate permit carries a fee of
$48 dollars.

JUSTIFICATION:
Under current law, Section 98 of the Alcoholic Beverage Control Law
provides that caterers must apply to the SLA for a permit each time that
they wish to serve alcoholic beverages for a function or occasion at a
hotel, restaurant, club, ballroom or other premises. Having to apply
for a permit for each function can be extremely burdensome for caterers
who make their living providing food and beverages at various locations.
This bill would facilitate operations for caterers, many of which are
small businesses, and would reduce the number of caterer's permit appli-
cations which the SLA would be required to review.

Caterers with a multiple event caterer's permit would be required to
provide the SLA with information, as specified by the Liquor Authority,
regarding each function or event that the caterer plans to serve at
least fifteen business days prior to each function or event. The annual
fee for a multiple event caterer's permit would be $2000.

LEGISLATIVE HISTORY:

S.3058 of 2009-10
S.7471A of 2008

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
180 days after becoming a law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2378--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 19, 2011
                               ___________

Introduced  by  Sens.  SEWARD,  BONACIC,  DeFRANCISCO,  JOHNSON, LARKIN,
  O'MARA, RANZENHOFER, SALAND, YOUNG -- read twice and ordered  printed,
  and  when  printed  to be committed to the Committee on Investigations
  and Government Operations -- recommitted to the Committee on  Investi-
  gations  and  Government  Operations in accordance with Senate Rule 6,
  sec. 8 -- reported favorably from said committee and committed to  the
  Committee  on  Finance  -- 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
  providing a multiple event caterer's permit

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

  Section 1. Subdivision 1 of  section  98  of  the  alcoholic  beverage
control  law,  as  amended  by section 21 of part Z of chapter 85 of the
laws of 2002, is amended to read as follows:
  1. The liquor authority is hereby authorized to issue to [caterers and
other] persons HOLDING A LICENSE TO SELL ALCOHOLIC BEVERAGES  AT  RETAIL
FOR  CONSUMPTION  ON  THE PREMISES furnishing provisions and service for
use at a particular function[, occasion or event] in  a  hotel,  restau-
rant,  club, ballroom or other premises a temporary indoor permit effec-
tive for a period not to exceed  twenty-four  consecutive  hours,  which
shall  authorize  the  service  of alcoholic beverages at such function,
occasion or event within the hours, fixed by or pursuant to  subdivision
five  of section one hundred six of this chapter, during which alcoholic
beverages may lawfully be sold or served upon premises licensed to  sell
alcoholic  beverages at retail for on-premises consumption in the commu-
nity in which is located the premises in which such  function,  occasion
or event is held.
  (A) The fee therefor shall be thirty-eight dollars.
  (B)  Such  a  permit and the exercise of the privilege granted thereby
may be [subjected] SUBJECT to such rules by the liquor authority  as  it

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05765-04-2

S. 2378--A                          2

deems  necessary and such rules as are in conformity with the provisions
of subdivision two of this section.
  (C)  Such  a  permit  may  also  be issued for functions, occasions or
events at premises for which a summer license has been previously issued
pursuant to this chapter.
  S 2. Section 98 of the alcoholic beverage control law  is  amended  by
adding a new subdivision 1-a to read as follows:
  1-A. IN LIEU OF A PERMIT ISSUED UNDER SUBDIVISION ONE OF THIS SECTION,
THE  LIQUOR  AUTHORITY IS HEREBY AUTHORIZED TO ISSUE TO SUCH LICENSEES A
PERMIT EFFECTIVE FOR A ONE YEAR PERIOD WHICH SHALL AUTHORIZE THE SERVICE
OF ALCOHOLIC BEVERAGES AT MULTIPLE FUNCTIONS.
  (A) THE FEE THEREFOR SHALL BE TWO THOUSAND DOLLARS.
  (B) SUCH A PERMIT AND THE EXERCISE OF THE  PRIVILEGE  GRANTED  THEREBY
MAY  BE SUBJECT TO SUCH RULES BY THE LIQUOR AUTHORITY AS IT DEEMS NECES-
SARY.
  (C) A PERMIT ISSUED UNDER THIS SUBDIVISION SHALL NOT BE  USED  AT  ANY
PREMISES  LOCATED  IN A MUNICIPALITY WITH A POPULATION OF ONE MILLION OR
MORE.
  S 3. Section 98 of the alcoholic beverage control law  is  amended  by
adding two new subdivisions 6 and 7 to read as follows:
  6.  FOR GOOD CAUSE SHOWN, THE LIQUOR AUTHORITY MAY DENY A PERMIT FOR A
PARTICULAR LICENSEE OR FOR A PARTICULAR FUNCTION.
  (A) AN APPLICATION FOR A PERMIT UNDER SUBDIVISION ONE, TWO,  THREE  OR
FIVE  OF  THIS SECTION SHALL BE FILED WITH THE LIQUOR AUTHORITY AT LEAST
FIFTEEN DAYS BEFORE THE FUNCTION.
  (B) THE HOLDER OF AN ANNUAL PERMIT ISSUED UNDER SUBDIVISION  ONE-A  OF
THIS  SECTION  SHALL  PROVIDE  THE  LIQUOR AUTHORITY IN WRITING WITH THE
LOCATION OF THE EVENT AND SUCH OTHER INFORMATION AS MAY BE  REQUIRED  AT
LEAST  FIFTEEN  DAYS  BEFORE  THE FUNCTION. THE LOCATION SHALL BE DEEMED
APPROVED WITHIN SEVEN DAYS UNLESS  THE  LIQUOR  AUTHORITY  NOTIFIES  THE
PERMIT HOLDER OF ITS OBJECTION.
  7.  A  PERMIT  ISSUED  UNDER THIS SECTION, OR IN THE CASE OF AN ANNUAL
PERMIT A COPY OF SUCH PERMIT, SHALL BE POSTED AND DISPLAYED AT ALL TIMES
IN A CONSPICUOUS PLACE AT THE EVENT LOCATION DURING SUCH TIMES AS  ALCO-
HOLIC BEVERAGES ARE BEING SOLD OR SERVED.
  S  4.    This  act  shall take effect on the one hundred eightieth day
after it shall have become a law.

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