NY State Senate Bill 2021-S6353A

Senate Bill S6353A

Signed By Governor

2021-2022 Legislative Session

Relates to permitting the use of municipal space for outdoor dining

download bill text pdf

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 06, 2021	approval memo.11 signed chap.238
Jun 24, 2021	delivered to governor
Jun 07, 2021	returned to senate passed assembly ordered to third reading rules cal.509 substituted for a7733
Jun 03, 2021	referred to codes delivered to assembly passed senate
Jun 02, 2021	ordered to third reading cal.1459 committee discharged and committed to rules
May 21, 2021	print number 6353a
May 21, 2021	amend (t) and recommit to investigations and government operations
Apr 23, 2021	referred to investigations and government operations

Votes

- Jun 3, 2021 - Floor Vote
  S6353A
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 3, 2021
      
      aye (63)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
  Jun 2, 2021 - Rules Committee Vote
  S6353A
  
  19
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 2, 2021
      
      aye (19)
      
      Addabbo Jr.
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Comrie
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mayer
      
      Parker
      
      Ritchie
      
      Savino
      
      Stewart-Cousins
      
      aye wr (2)
      
      O'Mara
      
      Ortt

Bill Amendments

Original

A (Active)

2021-S6353 - Details

See Assembly Version of this Bill:: A7733
Law Section:: Alcoholic Beverage Control
Versions Introduced in 2021-2022 Legislative Session:: S6353, A7733

2021-S6353 - Summary

Permits the use of municipal space for outdoor dining; allows for control over permitted municipal property for the operation of a licensed premises.

2021-S6353 - Sponsor Memo

                                
 
BILL NUMBER: S6353

SPONSOR: PERSAUD
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

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

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends Paragraph (g) of subdivision 1 of section 110 of the
alcoholic beverage control law, as amended by chapter 196 of the laws of
2011 and as relettered by chapter 188 of the laws of 2013, to deem an
applicant in control of a portion of a divided public sidewalk or road-
way when the respective municipality has given the applicant exclusive

control.

Section 2 provides for an immediate effective date.

 
JUSTIFICATION:

Thousands of restaurants in New York City - and many more throughout the
state - have depended on outdoor dining to remain economically viable as
COVID-19 related restrictions continue to force unprecedented hardship
on the industry. In New York City, approximately 11,000 restaurants
participate in the City's "Open Restaurants" outdoor dining program.
This program has been responsible for saving countless restaurants and
bringing back over 100,000 industry jobs.

The existing Executive Order currently allows for establishments that
are licensed to sell liquor for on premises consumption to serve alcohol
in non-contiguous areas such as a restaurant's roadway seating. Addi-
tionally, and equally as important, it allows for restaurants to serve
alcohol on sidewalks contiguous to the restaurant without having to file
for an alteration application with the State Liquor Authority. The abil-
ity for these restaurants to serve alcohol in non-contiguous spaces and
authorized contiguous public spaces is absolutely crucial to the contin-
ued survival of New York City's restaurant industry.

Without a permanently codified authorization to serve alcohol in these
areas, many restaurants will not have an economically viable business
model leading to more restaurants closing, more jobs lost, the
destruction of the City's cultural fabric, and an exponential increase
in the number of vacant storefronts.

Given current resource levels, it would be difficult to imagine the SLA
processing 11,000 concurrent applications in a timely manner, while
restaurants cease serving alcohol pending approval. Without the ability
to serve alcohol in spaces that are non-contiguous, many if not most of
the small businesses in the restaurant sector that have utilized outdoor
dining will be forced to terminate operations.

 
PRIOR LEGISLATIVE HISTORY:
None.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S6353 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6353
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 23, 2021
                                ___________
 
 Introduced  by  Sen. PERSAUD -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 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

2021-S6353A (ACTIVE) - Details

See Assembly Version of this Bill:: A7733
Law Section:: Alcoholic Beverage Control
Versions Introduced in 2021-2022 Legislative Session:: S6353, A7733

2021-S6353A (ACTIVE) - Summary

Permits the use of municipal space for outdoor dining; allows for control over permitted municipal property for the operation of a licensed premises.

2021-S6353A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6353A

SPONSOR: PERSAUD
 
TITLE OF BILL:

An act in relation to permitting the use of municipal space for outdoor
dining; and providing for the repeal of such provisions upon the expira-
tion thereof

 
PURPOSE OR GENERAL IDEA OF BILL:

The bill would enable those businesses licensed by the State Liquor
Authority to sell alcohol for on-site consumption to use municipal space
for outdoor dining.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 contains the legislative intent of this bill.

Section 2 provides that businesses licensed to sell alcoholic beverages
for on-premises consumption may apply to the State Liquor Authority

("the Authority") to operate on municipal property for the purposes of
outdoor dining. Licensees must have permits from the municipality for
the use of such space.

Such outdoor space is limited to space contiguous to the licensee's
premises as already permitted by § 99d of the Alcoholic Beverage Control
Law or space that is 1) within close proximity to, and in line of sight
of, the licensee's premises, 2) extend to the sides no more than the
width of the licensed premises and no further than the center line of
the roadway, and 3) provide thoroughfare for pedestrians, customers, and
employees.

Applicants would need to prove that the outdoor space meets all federal,
state, and local laws, rules, and guidance, and provide a current tempo-
rary use permit from the municipality.

New applicants would also need to provide community notification in a
manner consistent with § 110-b of the Alcoholic Beverage Control Law.
Those licensees already using outdoor space under authority granted by
Executive Order 202.38 would not need to reapply and may continue to use
outdoor space already approved, unless 1) the municipality revokes its
permit, 2) the applicant seeks to change the municipal permit, or 3) the
licensee renews its municipal permit.  The Authority retains its ability
to seek to revoke or suspend a licensee's ability to use outdoor space
in accordance with § 119 of the alcoholic beverage control law.

Section 3 contains the effective date of the bill.

 
JUSTIFICATION:

Restaurants have been hit particularly hard by the pandemic. Many have
closed, but many more are limping along. The restrictions on capacity
and consumer reluctance have meant that few people want to dine indoors.

However, an important lifeline for those restaurants that have made it
through the pandemic has been the ability to operate' outdoors on side-
walks and streets. Many municipalities have been willing to assist
restaurants in this regard, allowing the use of municipal outdoor space.
However, those restaurants with to sell alcohol are restricted from
operating outdoors in streets or sidewalks. The Governor allowed these
restaurants to operate outdoors through executive order, which was
extremely helpful. But, that privilege will last only as long as the
Governor's Executive Order is in effect.  This bill will make sure these
restaurants, who employ so many New Yorkers, will be able to keep this
privilege for another year and find a way back to stability and recov-
ery.

 
PRIOR LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall expire and be deemed
repealed one year after it shall have become a law.

2021-S6353A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6353--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 23, 2021
                                ___________
 
 Introduced  by  Sen. PERSAUD -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment  Operations  --  committee  discharged,  bill  amended,   ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT in relation to permitting the use of municipal space for outdoor
   dining; and providing for the repeal of such provisions upon the expi-
   ration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative  intent. The intent of this act is to provide
 relief to retail licensees for on-premises consumption or  manufacturers
 with  retail  on-premises  consumption privileges as provided for in the
 alcoholic beverage control law in relation  to  permitting  the  use  of
 municipal space for outdoor dining.
   §  2.  Notwithstanding any provision of the alcoholic beverage control
 law to the contrary:
   a. For the purposes of subdivision 1 of section 99-d, paragraph (g) of
 subdivision 1 of section 110, or any other applicable provisions of  the
 alcoholic  beverage  control  law,  a  temporary  use permit issued to a
 licensee by a municipality authorizing the use of municipal property for
 the operation of a licensed premises shall demonstrate control  of  such
 municipal property for the purposes of this act. For the purpose of this
 act  "licensee" shall have the same meaning as defined in subdivision 18
 of section 3 of the alcoholic beverage control law.
   b. A licensee issued a retail license for on-premises  consumption  or
 manufacturers with retail on-premises consumption privileges as provided
 for  in  the  alcoholic  beverage  control law and licensed by the state
 liquor authority (referred to hereinafter as the "authority"), may  make
 an application to the authority and in accordance with their license and
 approval  by the authority, to use both contiguous space as provided for
 in section 99-d of the alcoholic beverage control law and non-contiguous

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

                                                            LBD11048-02-1

 S. 6353--A                          2
 
 municipal space for outdoor dining.   For  the  purposes  of  this  act,
 "non-contiguous  space" shall mean space that is: (i) in close proximity
 and in-line-of-sight to the licensed premises; (ii) not wider  than  the
 edges  of  the  licensed premises, unless the municipality has expressly
 approved otherwise, and extending no further than the centerline of  the
 roadway; and (iii) provides a thoroughfare for pedestrian, customer, and
 employee  access.    As  a  condition of such approval, the applicant is
 required to demonstrate:
   (i) use of any such space meets all applicable federal, state or local
 laws, rules, regulations, guidances, conditions or requirements; and
   (ii) receipt of a current temporary use permit issued by  the  munici-
 pality if any such space would utilize municipal property.
   c.  All new applicants for use of non-contiguous municipal space shall
 provide community notification  to  a  municipality,  including  munici-
 palities  outside  the  city of New York, in a manner consistent with or
 required by subdivision 2 of section 110-b  of  the  alcoholic  beverage
 control law as required for the city of New York.
   d. For the purposes of this section, the authority shall allow, pursu-
 ant  to this act, those licensees currently using such space as provided
 under a pre-existing authorization to continue  to  use  such  municipal
 space,  unless  the municipality revokes the permit, the applicant seeks
 to change its municipal temporary use permit for such outdoor space,  or
 a licensee seeks a renewal of such municipal space.
   e.  The  authority  may,  on its own initiative or on complaint of any
 person or community board as established pursuant to section 2800 of the
 New York city charter, to institute proceedings to suspend or  revoke  a
 licensee's  ability  and  privilege  to use contiguous or non-contiguous
 space pursuant to this act after a hearing, in accordance  with  section
 119  of the alcoholic beverage control law, at which such licensee shall
 be given an opportunity to be heard.  Such proceedings and such  hearing
 shall  be  held in such manner and upon such notice as may be prescribed
 by the rules of the authority. The authority shall  notify  the  munici-
 pality  of  any  suspension or revocation of a licensee's ability to use
 such space.
   f. The authority shall promulgate guidance, rules  and/or  regulations
 necessary  to  implement  the  provisions  of this act in an expeditious
 manner. Notwithstanding existing provisions of  the  alcoholic  beverage
 control  law, the authority is authorized to provide simplified applica-
 tions and notification procedures for applicants whenever possible. At a
 minimum new applicants or applicants for renewal of municipal contiguous
 and non-contiguous outdoor space shall  provide  the  authority  with  a
 diagram  of  the  outdoor  space  as  well as a brief description of the
 outdoor space intended to be used.  Nothing in this act  shall  prohibit
 the  authority from requesting additional information from any applicant
 seeking to use new municipal space  or  renewal  of  existing  municipal
 space.
   §  3.  This  act shall take effect immediately and shall expire and be
 deemed repealed one year after it shall have become a law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.