S T A T E O F N E W Y O R K
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.
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-
(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
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.