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Assembly Bill A7486

2021-2022 Legislative Session

Establishes that an applicant for a license or permit shall not be deemed to lack control of the premises under certain circumstances

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Archive: Last Bill Status - In Assembly Committee

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2021-A7486 (ACTIVE) - Details

Current Committee:
Assembly Economic Development
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §110, ABC L

2021-A7486 (ACTIVE) - Summary

Establishes that an applicant for a license or permit shall not be deemed to lack control of the premises if a portion of public sidewalk or roadway controlled by such applicant is divided by a different portion of the public sidewalk reserved as a public right of way.

2021-A7486 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7486
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 11, 2021
                                ___________
 
 Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
   Committee on Economic Development
 
 AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
   establishing  that  an  applicant for a license or permit shall not be
   deemed to lack control of the premises under certain circumstances

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Paragraph (g) of subdivision 1 of section 110 of the alco-
 holic beverage control law, as amended by chapter 196  of  the  laws  of
 2011 and as relettered by chapter 188 of the laws of 2013, is amended to
 read as follows:
   (g)  A  statement that the applicant has control of the premises to be
 licensed by ownership of a fee interest or via a  leasehold,  management
 agreement, or other agreement giving the applicant control over the food
 and  beverage  at  the  premises,  with  a  term at least as long as the
 license for which the  application  is  being  made,  or  by  a  binding
 contract to acquire the same and a statement of identity under paragraph
 (a)  of this subdivision for the lessor of any leasehold, manager of any
 management agreement, or other agreement giving  the  applicant  control
 over  the  food  and beverage at the premises, with a copy of the lease,
 contract, management agreement, or other agreement giving the  applicant
 control  over  the food and beverage at the premises, or deed evidencing
 fee ownership of the premises. NOTWITHSTANDING THE FOREGOING, IF A MUNI-
 CIPALITY HAS GIVEN AN APPLICANT EXCLUSIVE CONTROL OF A  PORTION  OF  THE
 PUBLIC  SIDEWALK  OR  ROADWAY  OWNED  BY SUCH MUNICIPALITY, AN APPLICANT
 SHALL NOT BE DEEMED TO LACK CONTROL OF THE PREMISES IF  ACCESS  TO  SUCH
 PORTION  OF  SUCH  PUBLIC  SIDEWALK OR ROADWAY IS DIVIDED BY A DIFFERENT
 PORTION OF THE PUBLIC SIDEWALK RESERVED AS A PUBLIC RIGHT OF WAY.
   § 2. This act shall take effect immediately.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11048-01-1

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