S T A T E O F N E W Y O R K
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6525--A
2017-2018 Regular Sessions
I N A S S E M B L Y
March 9, 2017
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Introduced by M. of A. LUPARDO, JENNE -- read once and referred to the
Committee on Economic Development -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the alcoholic beverage control law and the general
municipal law, in relation to allowing patrons to remove alcohol from
a licensed premises in a leisure and recreation district
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 106 of the alcoholic beverage control law is
amended by adding a new subdivision 18 to read as follows:
18. REMOVAL OF ALCOHOL FROM A LICENSED PREMISES IN A LEISURE AND
RECREATION DISTRICT. NOTWITHSTANDING ANY LAW, RULE, OR REGULATION TO THE
CONTRARY, ANY HOLDER OF A LICENSE TO SELL ALCOHOLIC BEVERAGES ISSUED
UNDER SECTIONS FIFTY-ONE, FIFTY-ONE-A, FIFTY-FIVE, FIFTY-EIGHT, FIFTY-
EIGHT-A, SIXTY-ONE, SIXTY-FOUR, SIXTY-FOUR-A, SIXTY-FOUR-C,
SIXTY-FOUR-D, SEVENTY-SIX, SEVENTY-SIX-A, SEVENTY-SIX-C, SEVENTY-SIX-D,
EIGHTY-ONE AND EIGHTY-ONE-A OF THIS CHAPTER OR A PERMIT ISSUED UNDER
SECTIONS NINETY-SEVEN, NINETY-SEVEN-A AND NINETY-EIGHT OF THIS CHAPTER
MAY SELL OR OTHERWISE PROVIDE ALCOHOLIC BEVERAGES TO A PATRON OF THE
LICENSE HOLDER IN THE MANNER AUTHORIZED IN THE LICENSE AND THE PATRON
MAY REMOVE AN OPEN GLASS, CUP OR OTHER CONTAINER OF THE BEER, CIDER,
LIQUOR; OR WINE FROM THE LICENSED PREMISES AND MAY POSSESS AND CONSUME
THE BEER, CIDER, LIQUOR, OR WINE OUTSIDE OF THE LICENSED PREMISES IF:
(A) THE LICENSED PREMISES IS LOCATED WITHIN A LEISURE AND RECREATION
DISTRICT AND (B) THE PATRON REMAINS IN POSSESSION OF THE BEER, CIDER,
LIQUOR, OR WINE WITHIN THE BOUNDARIES OF THE LEISURE AND RECREATION
DISTRICT IN WHICH THEY OBTAINED THE BEVERAGE. NOTHING CONTAINED IN THIS
SECTION SHALL RESTRICT THE PRIVILEGES FOR A LICENSEE OR PERMITTEE TO
SELL BEER FOR CONSUMPTION OFF-PREMISES.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06659-05-7
A. 6525--A 2
§ 2. Section 3 of the alcoholic beverage control law is amended by
adding a new subdivision 16 to read as follows:
16. "LEISURE AND RECREATION DISTRICT" SHALL MEAN AN AREA OFFICIALLY
DESIGNATED BY LOCAL LAW OF THE GOVERNING BODY OF A MUNICIPALITY AS A
LEISURE AND RECREATION DISTRICT.
§ 3. The general municipal law is amended by adding a new section 72-s
to read as follows:
§ 72-S. DESIGNATION OF LEISURE AND RECREATION DISTRICTS. SUBJECT TO
THE PROVISIONS OF THIS SECTION, THE GOVERNING BODY OF A MUNICIPALITY, AS
DEFINED IN SUBDIVISION THREE OF SECTION TWO HUNDRED THIRTY-NINE-B OF
THIS CHAPTER, MAY ESTABLISH BY LOCAL LAW ONE OR MORE LEISURE AND RECRE-
ATION DISTRICTS WITHIN THE CORPORATE BOUNDARIES OF THE MUNICIPALITY AND
DESIGNATE THE GEOGRAPHIC AREA OR AREAS TO BE INCLUDED WITHIN THE
DISTRICT. THE GOVERNING BODY OF A MUNICIPALITY, BY LOCAL LAW MAY MODIFY
THE BOUNDARIES OF A LEISURE AND RECREATION DISTRICT. THE GOVERNING BODY
OF A MUNICIPALITY SHALL PROVIDE THAT INDIVIDUALS POSSESSING ALCOHOLIC
BEVERAGES WITHIN THE LEISURE AND RECREATION DISTRICT MAY NOT REMOVE THEM
FROM THE LEISURE AND RECREATION DISTRICT AND SHALL BE SUBJECT TO A CIVIL
PENALTY IF THEY REMOVE ALCOHOLIC BEVERAGES FROM THE LEISURE AND RECRE-
ATION DISTRICT UNLESS SUCH BEVERAGES WERE PURCHASED FOR OFF-PREMISES
CONSUMPTION.
§ 4. This act shall take effect immediately.