senate Bill S351A

2013-2014 Legislative Session

Authorizes the sale of alcoholic beverages on Sundays and Christmas day; repealer

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Archive: Last Bill Status - In Committee


  • 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
Jan 08, 2014 referred to investigations and government operations
Apr 26, 2013 print number 351a
amend and recommit to investigations and government operations
Jan 09, 2013 referred to investigations and government operations

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S351 - Bill Details

Current Committee:
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §§105 & 106, rpld §105-a, ABC L

S351 - Bill Texts

view summary

Authorizes the sale of alcoholic beverages on Sundays and Christmas day; makes related changes.

view sponsor memo
BILL NUMBER:S351

TITLE OF BILL:
An act
to amend the alcoholic beverage control law, in relation to the selling
of alcoholic beverages; and to repeal certain provisions of such law
relating thereto

PURPOSE:
To allow for the sale of alcoholic beverages on Sundays and on
Christmas day.

SUMMARY OF PROVISIONS:
Section 1 amends paragraph (a) of subdivision 14 of section 105 of the
alcoholic beverage control law to allow for the sale of alcohol for
off-premises consumption on Sundays and Christmas day.

Section 2 repeals section 105-a of the alcoholic beverage control law.

Section 3 amends subdivision of 5 of section 106 of the alcoholic
beverage control law, to provide for the sale of alcohol for
consumption on-premises on any day except during the hours between
four am and eight am.

Section 4 sets the effective date.

EXISTING LAW:
No premises licensed to sell liquor are permitted to open before noon
on Sundays or remain open after nine o'clock p.m., nor are they
permitted to open on Christmas day.

JUSTIFICATION:
Current prohibitions from selling alcoholic beverages at certain hours
on Sunday mornings no longer serve a legitimate public policy
purpose. In addition, these laws negatively impact small businesses
by forcing them to refuse sales they would otherwise be able to make
on any other day of the week, and prevent restaurants from offering
alcoholic beverages for sale at Sunday brunch.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
Increased revenue for retailers.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                   351

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT to amend the alcoholic beverage control law, in relation  to  the
  selling  of  alcoholic  beverages; and to repeal certain provisions of
  such law relating thereto

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

  Section 1. Paragraph (a) of subdivision 14 of section 105 of the alco-
holic beverage control law, as amended by section 1 of part U of chapter
63 of the laws of 2003, is amended to read as follows:
  (a)  No  premises licensed to sell liquor and/or wine for off-premises
consumption shall be permitted to remain open[:
  (i) On Sunday before twelve  o'clock  post  meridian  and  after  nine
o'clock post meridian.
  (ii) On] ON any day between midnight and eight o'clock antemeridian.
  [(iii) On the twenty-fifth day of December, known as Christmas day.]
  In  any  community  where daylight saving time is in effect, such time
shall be deemed the standard time for the purpose of this subdivision.
  S 2. Section 105-a of the alcoholic beverage control law is REPEALED.
  S 3. Subdivision 5 of section 106 of the  alcoholic  beverage  control
law, as amended by chapter 83 of the laws of 1995, is amended to read as
follows:
  5.  No  alcoholic  beverages  shall be sold, offered for sale or given
away upon any premises licensed to sell alcoholic  beverages  at  retail
for on-premises consumption[, during the following hours:
  (a) Sunday, from four ante meridiem to twelve noon.
  (b)  On]  ON any [other] day between four ante meridiem and eight ante
meridiem.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02104-01-3

S. 351                              2

  Unless otherwise approved by the  authority  pursuant  to  subdivision
eleven  of  section  seventeen  of this chapter, where any rule has been
adopted in a county on or before April first, nineteen  hundred  ninety-
five,  further  restricting  the  hours of sale for alcoholic beverages,
such restricted hours shall be the hours, during which the sale of alco-
holic  beverages  at  retail  for  on-premises  consumption shall not be
permitted within such county.
  Nor shall any person be permitted to consume any  alcoholic  beverages
upon  any  such premises later than one-half hour after the start of the
prohibited hours of sale provided for in this section.
  S 4. This act shall take effect immediately.

Co-Sponsors

S351A (ACTIVE) - Bill Details

Current Committee:
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §§105 & 106, rpld §105-a, ABC L

S351A (ACTIVE) - Bill Texts

view summary

Authorizes the sale of alcoholic beverages on Sundays and Christmas day; makes related changes.

view sponsor memo
BILL NUMBER:S351A

TITLE OF BILL: An act to amend the alcoholic beverage control law, in
relation to the selling of alcoholic beverages; and to repeal certain
provisions of such law relating thereto

PURPOSE: To allow for the sale of alcoholic beverages on Sundays and on
Christmas day.

SUMMARY OF PROVISIONS:

Section 1 amends paragraph (a) of subdivision 14 of section 105 of the
alcoholic beverage control law to allow for the sale of alcohol for
off-premises consumption on Sundays and Christmas day.

Section 2 repeals section 105-a of the alcoholic beverage control law.

Section 3 amends subdivision of 5 of section 106 of the alcoholic bever-
age control law, to provide for the sale of alcohol for consumption
on-premises on any day except during the hours between four am and eight
am.

Section 4 sets the effective date.

EXISTING LAW: No premises licensed to sell liquor are permitted to open
before noon on Sundays or remain open after nine o'clock p.m., nor are
they permitted to open on Christmas day.

JUSTIFICATION: Current prohibitions from selling alcoholic beverages at
certain hours on Sunday mornings no longer serve a legitimate public
policy purpose. In addition, these laws negatively impact small busi-
nesses by forcing them to refuse sales they would otherwise be able to
make on any other day of the week, and prevent restaurants from offering
alcoholic beverages for sale at Sunday brunch.

LEGISLATIVE HISTORY: New bill

FISCAL IMPLICATIONS: Increased revenue for retailers.

LOCAL FISCAL IMPLICATIONS: This act shall take effect on the ninetieth
day after it shall have become law.

EFFECTIVE DATE: On the 90th day after it shall have become law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 351--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  GALLIVAN, BALL -- read twice and ordered printed,
  and when printed to be committed to the  Committee  on  Investigations
  and  Government  Operations  --  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  the
  selling  of  alcoholic  beverages; and to repeal certain provisions of
  such law relating thereto

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

  Section 1. Paragraph (a) of subdivision 14 of section 105 of the alco-
holic beverage control law, as amended by section 1 of part U of chapter
63 of the laws of 2003, is amended to read as follows:
  (a)  No  premises licensed to sell liquor and/or wine for off-premises
consumption shall be permitted to remain open[:
  (i) On Sunday before twelve  o'clock  post  meridian  and  after  nine
o'clock post meridian.
  (ii) On] ON any day between midnight and eight o'clock antemeridian.
  [(iii) On the twenty-fifth day of December, known as Christmas day.]
  In  any  community  where daylight saving time is in effect, such time
shall be deemed the standard time for the purpose of this subdivision.
  S 2. Section 105-a of the alcoholic beverage control law is REPEALED.
  S 3. Subdivision 5 of section 106 of the  alcoholic  beverage  control
law, as amended by chapter 83 of the laws of 1995, is amended to read as
follows:
  5.  No  alcoholic  beverages  shall be sold, offered for sale or given
away upon any premises licensed to sell alcoholic  beverages  at  retail
for on-premises consumption[, during the following hours:
  (a) Sunday, from four ante meridiem to twelve noon.
  (b)  On]  ON any [other] day between four ante meridiem and eight ante
meridiem.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02104-02-3

S. 351--A                           2

  Unless otherwise approved by the  authority  pursuant  to  subdivision
[eleven]  NINE  of section seventeen of this chapter, where any rule has
been adopted in a county on or  before  April  first,  nineteen  hundred
ninety-five,  further restricting the hours of sale for alcoholic bever-
ages, such restricted hours shall be the hours, during which the sale of
alcoholic  beverages  at retail for on-premises consumption shall not be
permitted within such county.
  Nor shall any person be permitted to consume any  alcoholic  beverages
upon  any  such premises later than one-half hour after the start of the
prohibited hours of sale provided for in this section.
  S 4. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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