senate Bill S4129A

2013-2014 Legislative Session

Provides an exemption for a retail liquor license in the county of Erie

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Sponsored By

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 03, 2014 referred to economic development
delivered to assembly
passed senate
Jun 02, 2014 advanced to third reading
May 29, 2014 2nd report cal.
May 28, 2014 1st report cal.961
Jan 29, 2014 print number 4129a
amend and recommit to commerce, economic development and small business
Jan 08, 2014 referred to commerce, economic development and small business
returned to senate
died in assembly
Apr 30, 2013 referred to economic development
delivered to assembly
passed senate
Mar 21, 2013 advanced to third reading
Mar 20, 2013 2nd report cal.
Mar 19, 2013 1st report cal.230
Mar 11, 2013 referred to commerce, economic development and small business

Votes

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May 28, 2014 - Commerce, Economic Development and Small Business committee Vote

S4129A
12
0
committee
12
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Commerce, Economic Development and Small Business committee vote details

Commerce, Economic Development and Small Business Committee Vote: May 28, 2014

Mar 19, 2013 - Commerce, Economic Development and Small Business committee Vote

S4129
10
1
committee
10
Aye
1
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Mar 19, 2013

nay (1)

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S4129 - Bill Details

Current Committee:
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §64, ABC L

S4129 - Bill Texts

view summary

Provides an exemption for a retail liquor license in the county of Erie.

view sponsor memo
BILL NUMBER:S4129

TITLE OF BILL: An act to amend the alcoholic beverage control law, in
relation to providing an exemption for a retail liquor license

PURPOSE: This bill amends Section 64 of the alcohol beverage control
law in relation to allowing a family restaurant located within 200
feet of a school to hold a liquor license.

JUSTIFICATION: This bill will help a local Erie Country establishment
currently in good standing stay in business. This establishment, Brick
Oven Bistro, already has a permit to sell beer and wine, meaning they
are grandfathered in and allowed to disregard the 200 foot rule. They
would like to expand their beverage selection, but are unable to do so
because of their proximity to a school building. This bill will help
keep this restaurant in business without increasing the outlets for
alcohol near a school, seeing as this establishment is already
permitted to sell alcoholic beverages.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.

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

                                  4129

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 11, 2013
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Commerce, Economic  Devel-
  opment and Small Business

AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
  providing an exemption for a retail liquor license

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

  Section  1.  Subdivision  7  of  section  64 of the alcoholic beverage
control law is amended by adding  a  new  paragraph  (e-5)  to  read  as
follows:
  (E-5) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
SION,  THE AUTHORITY MAY ISSUE A RETAIL LICENSE FOR ON-PREMISES CONSUMP-
TION FOR A PREMISES WHICH SHALL BE LOCATED WITHIN TWO HUNDRED FEET OF  A
BUILDING  OCCUPIED  EXCLUSIVELY AS A CHURCH, SYNAGOGUE OR OTHER PLACE OF
WORSHIP, PROVIDED SUCH PREMISES CONSTITUTE A PREMISES FOR  THE  SALE  OF
FOOD  OR  BEVERAGES  AT  RETAIL  FOR CONSUMPTION ON THE PREMISES LOCATED
WHOLLY WITHIN  THE  BOUNDARIES  OF  THE  COUNTY  OF  ERIE,  BOUNDED  AND
DESCRIBED AS FOLLOWS:
BEGINNING  AT  A  POINT ON THE EASTERLY SIDE OF ABBOTT ROAD, DISTANT TWO
HUNDRED FIVE AND FIFTY NINE HUNDREDTHS FEET NORTHERLY  FROM  THE  CORNER
FORMED  BY THE INTERSECTION OF THE EASTERLY SIDE OF ABBOTT ROAD WITH THE
NORTHERLY SIDE OF SHENANDOAH ROAD; RUNNING  THENCE  NORTHERLY,  PARALLEL
WITH  ABBOTT  ROAD, EIGHT FIVE FEET TO THE INTERSECTION OF EASTERLY SIDE
OF ABBOTT ROAD WITH THE SOUTHERLY SIDE OF NARAGANSETT ROAD; THENCE EAST-
ERLY, PARALLEL WITH NARAGANSETT ROAD, ONE  HUNDRED  FORTY  FEET;  THENCE
SOUTHERLY,  PARALLEL WITH ABBOTT ROAD, EIGHT FIVE FEET; THENCE WESTERLY,
PARALLEL WITH NARAGANSETT ROAD, ONE HUNDRED FORTY FEET.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09431-01-3

Co-Sponsors

S4129A (ACTIVE) - Bill Details

Current Committee:
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §64, ABC L

S4129A (ACTIVE) - Bill Texts

view summary

Provides an exemption for a retail liquor license in the county of Erie.

view sponsor memo
BILL NUMBER:S4129A

TITLE OF BILL: An act to amend the alcoholic beverage control law, in
relation to providing an exemption for a retail liquor license

PURPOSE:

This bill amends Section 64 of the alcohol beverage control law in
relation to allowing a family restaurant located within 200 feet of a
school to hold a liquor license.

JUSTIFICATION:

This bill will help a local Erie Country establishment currently in
good standing stay in business. This establishment, Brick Oven Bistro,
already has a permit to sell beer and wine, meaning they are
grandfathered in and allowed to disregard the 200 foot rule. They
would like to expand their beverage selection, but are unable to do so
because of their proximity to a school building. This bill will help
keep this restaurant in business without increasing the outlets for
alcohol near a school, seeing as this establishment is already
permitted to sell alcoholic beverages.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediately.

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

                                 4129--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 11, 2013
                               ___________

Introduced by Sens. GALLIVAN, KENNEDY -- read twice and ordered printed,
  and when printed to be committed to the Committee on Commerce, Econom-
  ic  Development  and Small Business -- recommitted to the Committee on
  Commerce, Economic Development and Small Business in  accordance  with
  Senate  Rule  6, sec. 8 -- 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
  providing an exemption for a retail liquor license

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

  Section 1.  Paragraph (e-5) of subdivision 7  of  section  64  of  the
alcoholic  beverage  control law, as added by chapter 192 of the laws of
2013 is redesignated paragraph (e-6) and a new paragraph (e-7) is  added
to read as follows:
  (E-7) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
SION,  THE AUTHORITY MAY ISSUE A RETAIL LICENSE FOR ON-PREMISES CONSUMP-
TION FOR A PREMISES WHICH SHALL BE LOCATED WITHIN TWO HUNDRED FEET OF  A
BUILDING  OCCUPIED  EXCLUSIVELY AS A CHURCH, SYNAGOGUE OR OTHER PLACE OF
WORSHIP, PROVIDED SUCH PREMISES CONSTITUTE A PREMISES FOR  THE  SALE  OF
FOOD  OR  BEVERAGES  AT  RETAIL  FOR CONSUMPTION ON THE PREMISES LOCATED
WHOLLY WITHIN  THE  BOUNDARIES  OF  THE  COUNTY  OF  ERIE,  BOUNDED  AND
DESCRIBED AS FOLLOWS:
BEGINNING  AT  A  POINT ON THE EASTERLY SIDE OF ABBOTT ROAD, DISTANT TWO
HUNDRED FIVE AND FIFTY NINE HUNDREDTHS FEET NORTHERLY  FROM  THE  CORNER
FORMED  BY THE INTERSECTION OF THE EASTERLY SIDE OF ABBOTT ROAD WITH THE
NORTHERLY SIDE OF SHENANDOAH ROAD; RUNNING  THENCE  NORTHERLY,  PARALLEL
WITH  ABBOTT ROAD, EIGHTY-FIVE FEET TO THE INTERSECTION OF EASTERLY SIDE
OF ABBOTT ROAD WITH THE SOUTHERLY SIDE OF NARAGANSETT ROAD; THENCE EAST-
ERLY, PARALLEL WITH NARAGANSETT ROAD, ONE  HUNDRED  FORTY  FEET;  THENCE
SOUTHERLY, PARALLEL WITH ABBOTT ROAD, EIGHTY-FIVE FEET; THENCE WESTERLY,
PARALLEL WITH NARAGANSETT ROAD, ONE HUNDRED FORTY FEET.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09431-02-4

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