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Senate Bill S4014A

Signed By Governor

2011-2012 Legislative Session

Expands the types of agreements that can be used to show control of premises for a license

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Archive: Last Bill Status - Signed by Governor

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Bill Amendments

2011-S4014 - Details

See Assembly Version of this Bill:
A8318
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §§105, 106, 110 & 113, ABC L

2011-S4014 - Summary

Relates to expanding the types of agreements that will suffice to show ownership or control of a licensed premises.

2011-S4014 - Sponsor Memo

2011-S4014 - Bill Text download pdf

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

                                  4014

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 14, 2011
                               ___________

Introduced by Sen. MARCELLINO -- (at request of the State Liquor Author-
  ity) -- read twice and ordered printed, and when printed to be commit-
  ted to the Committee on Investigations and Government Operations

AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
  expanding the types of agreements that will suffice to show  ownership
  or control of a licensed premises

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

  Section 1. Subdivision 1 of section  105  of  the  alcoholic  beverage
control law, as amended by chapter 48 of the laws of 1985, is amended to
read as follows:
  1.  No retail license to sell liquors and/or wines for consumption off
the premises shall be granted for any  premises,  unless  the  applicant
shall  be  the owner thereof, or shall be in possession of said premises
under a lease, MANAGEMENT AGREEMENT OR FRANCHISE AGREEMENT, in  writing,
for  a  term not less than the license period except, however, that such
license may thereafter be renewed without the requirement  of  a  lease,
MANAGEMENT  AGREEMENT  OR  FRANCHISE AGREEMENT, as herein provided. This
subdivision shall not apply to premises leased from government agencies,
as defined under subdivision [twelve-b] TWELVE-C  of  section  three  of
this  chapter;  provided, however, that the appropriate administrator of
such government agency  provides  some  form  of  written  documentation
regarding  the  terms  of occupancy under which the applicant is leasing
said premises from the government agency for presentation to  the  state
liquor authority at the time of the license application. Such documenta-
tion  shall include the terms of occupancy between the applicant and the
government agency, including, but not limited to, any short-term leasing
agreements or written occupancy agreements.
  S 2. Subdivision 1 of section 106 of the  alcoholic  beverage  control
law, as amended by chapter 48 of the laws of 1985, is amended to read as
follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09432-01-1
              

2011-S4014A (ACTIVE) - Details

See Assembly Version of this Bill:
A8318
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §§105, 106, 110 & 113, ABC L

2011-S4014A (ACTIVE) - Summary

Relates to expanding the types of agreements that will suffice to show ownership or control of a licensed premises.

2011-S4014A (ACTIVE) - Sponsor Memo

2011-S4014A (ACTIVE) - Bill Text download pdf

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

                                 4014--A
    Cal. No. 361

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 14, 2011
                               ___________

Introduced by Sen. MARCELLINO -- (at request of the State Liquor Author-
  ity) -- read twice and ordered printed, and when printed to be commit-
  ted  to  the  Committee on Investigations and Government Operations --
  reported favorably from said committee, ordered to  first  and  second
  report,  ordered  to  a  third reading, amended and ordered reprinted,
  retaining its place in the order of third reading

AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
  expanding  the types of agreements that will suffice to show ownership
  or control of a licensed premises

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

  Section  1.  Subdivision  1  of  section 105 of the alcoholic beverage
control law, as amended by chapter 48 of the laws of 1985, is amended to
read as follows:
  1. No retail license to sell liquors and/or wines for consumption  off
the  premises  shall  be  granted for any premises, unless the applicant
shall be the owner thereof, or shall be in possession of  said  premises
under a lease, MANAGEMENT AGREEMENT OR OTHER AGREEMENT GIVING THE APPLI-
CANT  CONTROL  OVER  THE  FOOD  AND BEVERAGE SERVICE AT THE PREMISES, in
writing, for a term not less than the license  period  except,  however,
that such license may thereafter be renewed without the requirement of a
lease,  MANAGEMENT  AGREEMENT  OR  OTHER  AGREEMENT GIVING THE APPLICANT
CONTROL OVER THE FOOD AND BEVERAGE SERVICE AT THE  PREMISES,  as  herein
provided.  This  subdivision  shall  not  apply  to premises leased from
government agencies, as defined under subdivision [twelve-b] TWELVE-C of
section three of this chapter; provided, however, that  the  appropriate
administrator  of  such  government agency provides some form of written
documentation regarding the terms of occupancy under which the applicant
is leasing said premises from the government agency for presentation  to
the  state liquor authority at the time of the license application. Such
documentation shall include the terms of occupancy between the applicant

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

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