NY State Senate Bill 2011-S4859

Senate Bill S4859

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 21, 2012	committed to rules
Jun 11, 2012	advanced to third reading
Jun 06, 2012	2nd report cal.
Jun 05, 2012	1st report cal.1026
Jan 04, 2012	referred to commerce, economic development and small business
Apr 27, 2011	referred to commerce, economic development and small business

Votes

- Jun 5, 2012 - Commerce, Economic Development And Small Business Committee Vote
  S4859
  
  4
  
  Aye
  
  5
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Commerce, Economic Development And Small Business Committee Vote: Jun 5, 2012
      
      aye (4)
      
      Alesi
      
      Hassell-Thompson
      
      Johnson
      
      McDonald
      
      nay (5)
      
      Espaillat
      
      Fuschillo
      
      Kennedy
      
      Parker
      
      Stewart-Cousins
      
      aye wr (3)
      
      Griffo
      
      Ritchie
      
      Robach

2011-S4859 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §64, ABC L
Versions Introduced in 2009-2010 Legislative Session:: S6179

2011-S4859 (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-S4859 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4859

TITLE OF BILL:
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

PURPOSE:
The purpose of this bill is to allow only well-established retail
tobacco businesses that are exempt from the prohibition of smoking in
indoor areas open to the public, to hold, on a limited basis, a
license to sell alcoholic beverages for on-premises consumption.

SUMMARY OF PROVISIONS:
Section 1: Amends Alcoholic Beverage Control Law section 64 to permit
retail tobacco businesses, as defined under Public Health Law section
1399-n, to hold a license to sell alcoholic beverages for on-premises
consumption. At such exempted premises, patrons may smoke tobacco
products. To limit the number of establishments that may hold such a
license to simultaneously sell tobacco products at retail and to
serve food and alcoholic beverages for on-premises consumption, the
license may only be issued to: a) the sale of alcoholic beverages is
limited to no more than 10% of the amount of tobacco products sold so
that the primary activity of such retailer remains the sale of
tobacco products, b) an established retail tobacco business

established prior to 1947, and c) such area where alcoholic beverages
are sold is open only for members of a club sponsored by such tobacco
retail establishment or to guests of such club members, and
membership in such a club requires at least the payment of $1,000
annually in membership fees or dues.

JUSTIFICATION:
Under existing law, certain businesses are exempt from the prohibition
of smoking in indoor areas open to the public. Those areas include
retail tobacco sales businesses, those areas of a hotel or convention
center that are temporarily devoted to tobacco sales conventions or
meetings, certain cigar bars, and membership organizations that allow
smoking at their facilities. All of these areas where smoking is
permitted are areas where all patrons are either smokers or consent
to enter a room where smoking is permitted. This amendment merely
expands the definition of areas where smoking is permitted to include
other areas where all of the participants are exclusively in the
process purchasing tobacco products or consuming them after their
purchase.

LEGISLATIVE HISTORY:
2009-10: S.6179 Advanced to Third Reading, A.8982 Referred to
Economic Development

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect ninety days after it shall have become law.
The State Liquor Authority shall be authorized to promulgate rules


and regulations prior to such effective date to implement the
provisions of this act.

2011-S4859 (ACTIVE) - Bill Text download pdf

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

                                  4859

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 27, 2011
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Commerce, Economic  Devel-
  opment and Small Business

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

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

S. 4859                             2

ACCOMPANIED  BY  A CHECK OR DRAFT IN THE AMOUNT REQUIRED BY THIS ARTICLE
FOR SUCH LICENSE. THIS SUBDIVISION SHALL  SUPERSEDE  THE  PROVISIONS  OF
SECTION  THIRTEEN  HUNDRED  NINETY-NINE-R  OF THE PUBLIC HEALTH LAW WITH
RESPECT  TO ANY REGULATIONS OR LOCAL LAWS ADOPTED BY A CITY WITH A POPU-
LATION OF ONE MILLION OR MORE AND SHALL PERMIT SUCH RETAIL TOBACCO BUSI-
NESS TO HAVE A LICENSE TO SELL LIQUOR OR OTHER ALCOHOLIC  BEVERAGES  FOR
ON-PREMISES CONSUMPTION, SERVE FOOD IN COMPLIANCE WITH SUCH LICENSE, AND
TO SMOKE IN SUCH INDOOR AREAS OPEN TO THE PUBLIC.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law. The state liquor authority  shall  be  authorized  to
promulgate  rules and regulations prior to such effective date to imple-
ment the provisions of this act.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.