senate Bill S3616

2013-2014 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

view actions (16)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 28, 2014 referred to economic development
delivered to assembly
passed senate
Jan 23, 2014 advanced to third reading
Jan 22, 2014 2nd report cal.
Jan 14, 2014 1st report cal.25
Jan 08, 2014 referred to investigations and government operations
returned to senate
died in assembly
May 22, 2013 referred to codes
delivered to assembly
passed senate
May 20, 2013 advanced to third reading
May 08, 2013 2nd report cal.
May 07, 2013 1st report cal.575
Feb 07, 2013 referred to investigations and government operations

Votes

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Jan 14, 2014 - Investigations and Government Operations committee Vote

S3616
8
1
committee
8
Aye
1
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Investigations and Government Operations committee vote details

Investigations and Government Operations Committee Vote: Jan 14, 2014

nay (1)

May 7, 2013 - Investigations and Government Operations committee Vote

S3616
8
1
committee
8
Aye
1
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Investigations and Government Operations committee vote details

Investigations and Government Operations Committee Vote: May 7, 2013

nay (1)

S3616 - Bill Details

See Assembly Version of this Bill:
A6591
Current Committee:
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd ยง105, ABC L
Versions Introduced in 2011-2012 Legislative Session:
S7253, A10617

S3616 - Bill Texts

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

view sponsor memo
BILL NUMBER:S3616

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 neces-
sary.

LEGISLATIVE HISTORY: 2012: S. 7253 Passed Senate/A. 10617 Codes

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 addi-
tion, 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
________________________________________________________________________

                                  3616

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 7, 2013
                               ___________

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.
                                                           LBD08468-01-3

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