S T A T E O F N E W Y O R K
________________________________________________________________________
9359
I N A S S E M B L Y
February 25, 2016
___________
Introduced by M. of A. LENTOL -- read once and referred to the Committee
on Economic Development
AN ACT to amend the alcoholic beverage control law, in relation to
requiring the state liquor authority to determine the safety of a
venue prior to approving certain permits
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 98 of the alcoholic beverage
control law, as amended by section 21 of part Z of chapter 85 of the
laws of 2002, is amended to read as follows:
1. A. The liquor authority is hereby authorized to issue to caterers
and other persons furnishing provisions and service for use at a partic-
ular function, occasion or event in a hotel, restaurant, club, ballroom
or other premises a temporary indoor permit effective for a period not
to exceed twenty-four consecutive hours, which shall authorize the
service of alcoholic beverages at such function, occasion or event with-
in the hours, fixed by or pursuant to subdivision five of section one
hundred six of this chapter, during which alcoholic beverages may
lawfully be sold or served upon premises licensed to sell alcoholic
beverages at retail for on-premises consumption in the community in
which is located the premises in which such function, occasion or event
is held. The fee therefor shall be thirty-eight dollars. Such a permit
and the exercise of the privilege granted thereby may be subjected to
such rules by the liquor authority as it deems necessary and such rules
as are in conformity with the provisions of subdivision two of this
section. Such a permit may also be issued for functions, occasions or
events at premises for which a summer license has been previously issued
pursuant to this chapter.
B. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, AN
APPLICANT SHALL NOT BE ISSUED A PERMIT PURSUANT TO THIS SUBDIVISION
UNLESS (I) SUCH APPLICANT DEMONSTRATES THAT THE OWNER OF THE PREMISES
WHERE SUCH FUNCTION, OCCASION OR EVENT SHALL BE HELD APPROVES OF THE USE
OF THE PREMISES FOR SUCH FUNCTION, OCCASION OR EVENT AND (II) THE LIQUOR
AUTHORITY DETERMINES THAT THE PREMISES WHERE SUCH FUNCTION, OCCASION OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13975-02-6
A. 9359 2
EVENT SHALL BE HELD WOULD NOT ENDANGER PUBLIC SAFETY. SUCH A DETERMI-
NATION SHALL BE MADE BY THE LIQUOR AUTHORITY AFTER CONSULTATION WITH:
(A) THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION TO DETERMINE THE
PREMISES IS NOT AN ENVIRONMENTAL HAZARD, INCLUDING WHETHER SUCH PREMISES
IS A SUPERFUND SITE PLACED ON THE UNITED STATES ENVIRONMENTAL PROTECTION
AGENCY'S NATIONAL PRIORITY LIST;
(B) THE LOCAL FIRE DEPARTMENT TO DETERMINE THE PREMISES MEETS SAFETY
STANDARDS INCLUDING THAT SUCH PREMISES IS EQUIPPED WITH EMERGENCY OR
FIRE EXITS, FIRE ALARMS AND SPRINKLERS; AND
(C) THE LOCAL POLICE DEPARTMENT TO DETERMINE THE SECURITY OR PUBLIC
ORDER MEASURES NECESSARY TO ENSURE SUCH FUNCTION, OCCASION OR EVENT IS
NOT A DETRIMENT TO THE COMMUNITY OR THE SURROUNDING NEIGHBORHOOD.
S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, effective immediately,
the addition, amendment and/or repeal of any rule or regulation neces-
sary for the implementation of this act on its effective date are
authorized to be made and completed on or before such effective date.