senate Bill S7253

2011-2012 Legislative Session

Removes the street level entrance requirement for licenses for selling alcohol at retail for consumption off the premises

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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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 11, 2012 referred to economic development
delivered to assembly
passed senate
Jun 05, 2012 advanced to third reading
Jun 04, 2012 2nd report cal.
May 31, 2012 1st report cal.978
May 02, 2012 referred to investigations and government operations

Votes

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May 31, 2012 - Investigations and Government Operations committee Vote

S7253
6
0
committee
6
Aye
0
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
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Investigations and Government Operations Committee Vote: May 31, 2012

aye wr (1)
excused (1)

S7253 - Bill Details

See Assembly Version of this Bill:
A10617
Current Committee:
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd ยง105, ABC L

S7253 - Bill Texts

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Removes the street level entrance requirement for licenses for selling alcohol at retail for consumption off the premises.

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BILL NUMBER:S7253

TITLE OF BILL:
An act
to amend the alcoholic beverage control law, in relation to removing the
street level entrance requirement for licenses for selling alcohol at
retail for consumption off the premises

PURPOSE:
This legislation removes the requirement that stores selling
alcoholic beverages for off-premise consumptions be required to have
a street level entrance.

SUMMARY OF PROVISIONS:

Section 1: Eliminates the language requiring establishments which sell
alcoholic beverages for off-premise consumption have their principal
entrance at street level.

Section 2: Act shall take effect on the 180th day after it becomes law
and effective immediately repeals any rules or regulations necessary
to implement this act.

JUSTIFICATION:
The current provision of law was put in place
following prohibition. The language was an attempt to uncover and
eliminate speak easy's and illegal clubs. In current times, when
municipalities are attempting to redevelop their downtowns and
illegal liquor stores are no longer an issue, this outdated provision
of the law is no longer necessary.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the one
hundred
twentieth day after it shall have become a law. Effective
immediately, in addition, amendment and/or repeal of any rules or
regulations necessary for the implementation of this act on its
effective date is authorized to be made on or before such date.

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

                                  7253

                            I N  S E N A T E

                               May 2, 2012
                               ___________

Introduced  by  Sen.  MARCELLINO  -- 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
  removing the street level entrance requirement for licenses for  sell-
  ing alcohol at retail for consumption off the premises

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

  Section 1. Subdivision 2 of section  105  of  the  alcoholic  beverage
control  law,  as amended by chapter 536 of the laws of 1966, is amended
to read as follows:
  2. No premises shall be licensed  to  sell  liquors  and/or  wines  at
retail  for  off  premises  consumption,  unless  said premises shall be
located in a store[, the principal entrance to which shall be  from  the
street level and] located on a public thoroughfare in premises which may
be occupied, operated or conducted for business, trade or industry or on
an  arcade  or  sub-surface thoroughfare leading to a railroad terminal.
There may be not more than one additional entrance which shall be  [from
the  street level and] located on and giving access to and from a public
or private parking lot or parking area having space for  not  less  than
five automobiles.
  S 2. This act shall take effect on the one hundred twentieth day after
it  shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rules or regulations necessary for the  imple-
mentation  of this act on its effective date is authorized to be made on
or before such date.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15586-01-2

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