Assembly Resolution No. 170

BY: M. of A. Barclay

CONCURRENT RESOLUTION OF THE SENATE AND THE ASSEMBLY
terminating the provisions of Executive Order number
202.52 issued by the Governor pursuant to section
29-a of the Executive Law

WHEREAS, the Governor was given the authority pursuant to Executive
Law section 29-a by Executive Order to temporarily suspend or modify any
statute, local law, ordinance, order, rule, or regulation, or parts
thereof, of any agency during a state disaster emergency if compliance
with such statute, local law, ordinance, order, rule, or regulation
would prevent, hinder, or delay action necessary to cope with the
disaster emergency or if necessary to assist or aid in coping with such
disaster, and to issue any directive during a disaster emergency
necessary to cope with the disaster; and

WHEREAS, Executive Order number 202.52 of 2020 temporarily suspended
or modified, and directed, any provision of the Alcoholic Beverage
Control Law to the extent necessary to require that all businesses that
are licensed by the State Liquor Authority for on premises service of
alcoholic beverages, and which are required as a license condition to
make food available, shall serve alcoholic beverages for on premises
consumption or for off premises consumption only if the service of such
alcoholic beverage is accompanied by the purchase of a food item by each
individual that is being served an alcoholic beverage, consistent with
the food availability requirement of the license under the Alcoholic
Beverage Control Law. The Chairman of the State Liquor Authority shall
be authorized to promulgate any reasonable guidance to effectuate this
provision.

WHEREAS, the State Legislature has the authority to terminate by
concurrent resolution Executive Orders issued under section 29-a of the
Executive Law; now, therefore, be it

RESOLVED, (if the &HOUSE concur), that Executive Order number 202.52
of 2020 making such temporary suspensions and modifications and issuing
such directives are hereby terminated.