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Assembly Bill A4667A

2011-2012 Legislative Session

Requires a permit to serve alcohol in a rear yard or on a rooftop in N.Y. city

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2011-A4667 - Details

Current Committee:
Assembly Economic Development
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Add §99-h, ABC L
Versions Introduced in Other Legislative Sessions:
2009-2010: A11288
2013-2014: A5077

2011-A4667 - Summary

Requires a permit to serve alcohol in a rear yard or on a rooftop in cities with a population of one million or more.

2011-A4667 - Bill Text download pdf 

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

                                  4667

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2011
                               ___________

Introduced  by M. of A. MILLMAN -- read once and referred to the Commit-
  tee on Economic Development

AN ACT to amend the alcoholic beverage control law, in relation to roof-
  top bars

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

  Section  1.  The alcoholic beverage control law is amended by adding a
new section 99-h to read as follows:
  S 99-H. REAR YARD AND ROOFTOP PERMIT IN CITIES WITH  A  POPULATION  OF
ONE  MILLION  OR  MORE.  1.  FOR PURPOSES OF THIS SECTION, THE FOLLOWING
DEFINITIONS SHALL APPLY:
  (A) "REAR YARD" SHALL MEAN THE SPACE IN THE REAR OF A  BUILDING  WHICH
IS WITHIN FIVE HUNDRED FEET OF PROPERTY ZONED FOR RESIDENTIAL USE;
  (B) "ROOFTOP" SHALL MEAN THE EXTERIOR SURFACE AT THE TOP OF A BUILDING
NO FEWER THAN TEN STORIES ABOVE ANY RESIDENTIAL HOUSING.
  2.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF THIS CHAPTER, BEGINNING
JANUARY FIRST, TWO THOUSAND TWELVE, LICENSEES WITHIN A CITY WITH A POPU-
LATION OF ONE MILLION OR MORE SHALL REQUIRE  A  REAR  YARD  AND  ROOFTOP
PERMIT TO SERVE ALCOHOL TO PATRONS IN A REAR YARD OR ON A ROOFTOP.
  3. NO PERMIT SHALL BE GRANTED FOR THE CONSUMPTION OF ALCOHOL IN A REAR
YARD OR ROOFTOP, UNLESS:
  (A)  THE  LICENSEE ONLY PROVIDES WAITER OR WAITRESS SERVICE TO PATRONS
SEATED AT TABLES IN SUCH AREAS;
  (B) NO AMPLIFIED MUSIC SHALL BE PLAYED IN SUCH AREAS AND  WINDOWS  AND
DOORS TO AREAS IN WHICH AMPLIFIED MUSIC IS PLAYED SHALL REMAIN CLOSED;
  (C)  AN APPLICANT FOR A REAR YARD AND ROOFTOP PERMIT SUBMITS A PLAN TO
THE AUTHORITY WITH A DRAWING DONE TO SCALE SHOWING THE SIZE OF THE  REAR
YARD  OR  ROOFTOP, ITS PROXIMITY TO NEIGHBORING BUILDINGS, THE PLACEMENT
OF TABLES AND CHAIRS, THE APPLICANT'S PLAN FOR LIGHTING, AND THE  PLACE-
MENT OF FIRE ESCAPES, LADDERS AND DOORS TO ADJOINING PLACES OF REFUGE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08304-01-1

co-Sponsors

2011-A4667A (ACTIVE) - Details

Current Committee:
Assembly Economic Development
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Add §99-h, ABC L
Versions Introduced in Other Legislative Sessions:
2009-2010: A11288
2013-2014: A5077

2011-A4667A (ACTIVE) - Summary

Requires a permit to serve alcohol in a rear yard or on a rooftop in cities with a population of one million or more.

2011-A4667A (ACTIVE) - Bill Text download pdf 

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

                                 4667--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2011
                               ___________

Introduced  by M. of A. MILLMAN -- read once and referred to the Commit-
  tee on Economic Development --  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 roof-
  top bars

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

  Section 1. The alcoholic beverage control law is amended by  adding  a
new section 99-h to read as follows:
  S  99-H.  REAR  YARD AND ROOFTOP PERMIT IN CITIES WITH A POPULATION OF
ONE MILLION OR MORE. 1. FOR PURPOSES  OF  THIS  SECTION,  THE  FOLLOWING
DEFINITIONS SHALL APPLY:
  (A)  "REAR  YARD" SHALL MEAN THE SPACE IN THE REAR OF A BUILDING WHICH
IS WITHIN FIVE HUNDRED FEET OF PROPERTY ZONED FOR RESIDENTIAL USE;
  (B) "ROOFTOP" SHALL MEAN THE EXTERIOR SURFACE AT THE TOP OF A BUILDING
NO FEWER THAN TEN STORIES ABOVE ANY RESIDENTIAL HOUSING.
  2. NOTWITHSTANDING ANY OTHER  PROVISION  OF  THIS  CHAPTER,  BEGINNING
JANUARY FIRST, TWO THOUSAND TWELVE, LICENSEES WITHIN A CITY WITH A POPU-
LATION  OF  ONE  MILLION  OR  MORE SHALL REQUIRE A REAR YARD AND ROOFTOP
PERMIT TO SERVE ALCOHOL TO PATRONS IN A REAR YARD OR ON A ROOFTOP.
  3. NO PERMIT SHALL BE GRANTED FOR THE CONSUMPTION OF ALCOHOL IN A REAR
YARD OR ROOFTOP, UNLESS:
  (A) THE LICENSEE ONLY PROVIDES WAITER OR WAITRESS SERVICE  TO  PATRONS
SEATED AT TABLES IN SUCH AREAS;
  (B)  NO  AMPLIFIED MUSIC SHALL BE PLAYED IN SUCH AREAS AND WINDOWS AND
DOORS TO AREAS IN WHICH AMPLIFIED MUSIC IS PLAYED SHALL REMAIN CLOSED;
  (C) AN APPLICANT FOR A REAR YARD AND ROOFTOP PERMIT SUBMITS A PLAN  TO
THE  AUTHORITY WITH A DRAWING DONE TO SCALE SHOWING THE SIZE OF THE REAR
YARD OR ROOFTOP, ITS PROXIMITY TO NEIGHBORING BUILDINGS,  THE  PLACEMENT
OF  TABLES AND CHAIRS, THE APPLICANT'S PLAN FOR LIGHTING, AND THE PLACE-
MENT OF FIRE ESCAPES, LADDERS AND DOORS TO ADJOINING PLACES OF REFUGE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08304-02-1

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