Senate Bill S6307A

                                 BILL NUMBER:  S6307A

 TITLE OF BILL :

An act to amend the alcoholic beverage control law, in relation to
authorizing the on premise sale of alcoholic beverages on Sunday
mornings

 PURPOSE OR GENERAL IDEA OF BILL :

This legislation creates a new permit for the sale and consumption of
alcoholic beverages before noon on Sunday at locations previously
licensed to sell alcoholic beverages for on premise consumption.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 of the bill creates two new sections of alcoholic beverage
control law relating to Sunday morning sales, section 99-h and 99-i.

Section 2 of the bill creates new section 99-h annual permit to remain
open during certain hours of the morning.

Subdivision 1 of the new section 99-h permits a person that is
currently licensed to sell alcoholic beverages for consumption on
premises to apply for a new annual permit to remain open and serve
alcohol between the hours of 8:00 am and noon on Sunday.
              

Subdivision 2 of the new section 99-h establishes the fee for the
annual permit for the Sunday morning sales.

Subdivision 3 of the new section 99-h states that the annual permit
and exercise of the privileges shall be subject to such rules as the
liquor authority deems necessary.

Section 3 of the bill creates a new section 99-i special permit to
remain open during certain hours of the morning.

Subdivision 1 of the new section 99-I permits a person that is
currently licensed to sell alcoholic beverages for consumption on
premises to apply for a one-time Sunday permit to serve alcohol
between the hours of 8:00 am and noon and establishes the fee for such
permit.

Subdivision 2 states that the temporary permit and exercise of the
privileges shall be subject to such rules as the liquor authority
deems necessary.

Section 4 provides that the bill shall be effective on the 30th day
after it shall become law.

 JUSTIFICATION :

The current law prohibiting the sale of alcoholic beverages before
noon on Sunday is an anachronism harkening back to the days of the
discredited "Blue Laws". This legislation represents a modest change
to the existing law and is reflective of current business customs and
trends. Subject to state liquor authority rules and regulations, the
bill would allow already licensed businesses to be open at their
discretion.

The current law is difficult to enforce. Moreover, Sunday mornings
have become the time for special social and sporting events. Families
and friends gather frequently gather. The current law impedes the
ability of businesses that provide special event services, food
services, sporting and social event services and tourist services to
provide a full array of services. With the enactment of this bill, New
York residents and visitors to our State would be able to fully
participate in Sunday morning events in the same manner as on any
other day of the week.

Creating a new permit for Sunday morning sales on premises recognizes
the importance of the community input process in place when businesses
apply for their liquor licenses, and preserves that process for local
municipality and community comments when applying for the additional
Sunday morning hour permit. The New York State Liquor Authority would
have the ability to regulate the licenses of these locations as they
do with any other locations that currently serves alcohol for
consumption at legal hours on premise.

 PRIOR LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

Fees for applications would provide revenue for administrative
services and additional revenue to the state.

 EFFECTIVE DATE :
This act shall take effect on the thirtieth day after it shall have
become a law.