Assembly Bill A9668

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

                                  9668

                          I N  A S S E M B L Y

                             March 28, 2016
                               ___________

Introduced  by  M.  of  A.  BENEDETTO  --  read once and referred to the
  Committee on Economic Development

AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
  authorizing  the  sale of alcoholic beverages for on-premises consump-
  tion on Sunday mornings

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

  Section  1. Paragraph (a) of subdivision 5 of section 106 of the alco-
holic beverage control law, as amended by chapter  83  of  the  laws  of
1995, is amended to read as follows:
  (a)  Sunday, from four ante meridiem to twelve noon, EXCEPT AS AUTHOR-
IZED PURSUANT TO SECTION NINETY-NINE-H OF THIS  CHAPTER  OR  BY  SPECIAL
PERMIT.
  S  2.  The  alcoholic  beverage control law is amended by adding a new
section 99-h to read as follows:
  S 99-H. ANNUAL PERMIT TO REMAIN OPEN DURING CERTAIN HOURS OF THE MORN-
ING. 1.  ANY PERSON LICENSED TO SELL ALCOHOLIC BEVERAGES FOR CONSUMPTION
ON THE PREMISES PURSUANT  TO  THIS  CHAPTER  OR  ANY  APPLICANT  FOR  AN
ORIGINAL  LICENSE  TO  SELL  ALCOHOLIC  BEVERAGES FOR CONSUMPTION ON THE
PREMISES PURSUANT TO THIS CHAPTER MAY APPLY TO THE LIQUOR AUTHORITY  FOR
AN  ANNUAL  PERMIT  TO  REMAIN  OPEN  ON SUNDAY BETWEEN THE HOURS OF TEN
O'CLOCK A.M. AND TWELVE NOON. ANY APPLICANT FOR SUCH  AN  ANNUAL  PERMIT
SHALL  PROVIDE  NOTICE  TO THE LOCAL MUNICIPALITY OF SUCH APPLICATION AS
PROVIDED IN SECTION ONE HUNDRED TEN-B OF THIS CHAPTER.
  2. THE ANNUAL FEE FOR SUCH ANNUAL PERMIT SHALL BE  TWO  HUNDRED  FIFTY
DOLLARS  IN  THE  COUNTIES  OF  NEW  YORK,  KINGS, BRONX AND QUEENS; ONE
HUNDRED FIFTY DOLLARS IN THE COUNTY OF RICHMOND AND IN CITIES  HAVING  A
POPULATION  OF MORE THAN ONE HUNDRED THOUSAND AND LESS THAN ONE MILLION;
ONE HUNDRED DOLLARS IN CITIES HAVING A POPULATION  OF  MORE  THAN  FIFTY
THOUSAND  AND  LESS  THAN  ONE  HUNDRED  THOUSAND; AND TWO HUNDRED FIFTY
DOLLARS ELSEWHERE.
  3. SUCH ANNUAL PERMIT AND THE EXERCISE OF THE PRIVILEGES GRANTED THER-
EUNDER SHALL BE SUBJECT TO SUCH RULES AS THE LIQUOR AUTHORITY  MAY  DEEM
NECESSARY.

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

                                                           LBD14619-01-6

A. 9668                             2

  S 3. Subdivision 3 of section 99 of the alcoholic beverage control law
is  renumbered subdivision 4 and a new subdivision 3 is added to read as
follows:
  3.  ANY PERSON LICENSED TO SELL ALCOHOLIC BEVERAGES FOR CONSUMPTION ON
THE PREMISES PURSUANT TO THIS CHAPTER MAY APPLY TO THE LIQUOR  AUTHORITY
FOR  A  SPECIAL  PERMIT TO OPEN ON ANY SUNDAY BETWEEN THE HOURS OF EIGHT
A.M. AND TWELVE NOON. UNLESS OTHERWISE APPROVED BY THE AUTHORITY  PURSU-
ANT  TO SUBDIVISION NINE OF SECTION SEVENTEEN OF THIS CHAPTER, WHERE ANY
RULE HAS BEEN ADOPTED IN A COUNTY FURTHER RESTRICTING THE HOURS OF  SALE
FOR  ALCOHOLIC  BEVERAGES,  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.  NO MORE THAN
TWELVE SPECIAL PERMITS ISSUED PURSUANT TO THIS SUBDIVISION MAY BE ISSUED
TO THE SAME LICENSED PERSON IN ANY  CALENDAR  YEAR.  THE  FEE  FOR  SUCH
PERMIT SHALL BE AT THE RATE OF FIFTY-ONE DOLLARS PER DAY.
  S  4.  This  act shall take effect on the thirtieth day after it shall
have become a law.