Senate Bill S7826

Signed By Governor
2021-2022 Legislative Session

Permits the use of contiguous and non-contiguous municipal public space by certain licensees under the alcoholic beverage control law

download bill text pdf

Sponsored By

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

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2021-S7826 (ACTIVE) - Details

See Assembly Version of this Bill:
A8707
Law Section:
Alcoholic Beverage Control
Laws Affected:
Rpld §§1 & 2, add §§1 - 6, ren §3 to be §7, Chap of 2021 (as proposed in S.6353-A & A.7733)

2021-S7826 (ACTIVE) - Summary

Permits the use of contiguous and non-contiguous municipal public space by certain licensees under the alcoholic beverage control law.

2021-S7826 (ACTIVE) - Sponsor Memo

2021-S7826 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7826
 
                             I N  S E N A T E
 
                             January 12, 2022
                                ___________
 
 Introduced  by  Sen. PERSAUD -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend a chapter of the laws of 2021 relating to permitting the
   use of municipal space for outdoor dining, as proposed in  legislative
   bills numbers S. 6353-A and A. 7733, in relation to permitting the use
   of  contiguous  and  non-contiguous  municipal public space by certain
   licensees under the alcoholic beverage control law
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Sections 1 and 2 of a chapter of the laws of 2021 relating
 to permitting the use of municipal space for outdoor dining, as proposed
 in legislative bills numbers S. 6353-A and A. 7733, are REPEALED and six
 new sections 1, 2, 3, 4, 5 and 6 are added to read as follows:
   SECTION 1. LEGISLATIVE INTENT. THE INTENT OF THIS ACT  IS  TO  PROVIDE
 RELIEF  TO  HOLDERS  OF  LICENSES  ISSUED  UNDER  THE ALCOHOLIC BEVERAGE
 CONTROL LAW WITH RETAIL ON-PREMISES CONSUMPTION PRIVILEGES  BY  ALLOWING
 FOR  THE  EXERCISE  OF  SUCH PRIVILEGES ON CONTIGUOUS AND NON-CONTIGUOUS
 MUNICIPAL PUBLIC SPACE.
   § 2. FOR PURPOSES OF THIS ACT:
   (A) "LICENSEE" SHALL MEAN THE HOLDER OF A RETAIL  ON-PREMISES  LICENSE
 ISSUED  UNDER  THE  ALCOHOLIC  BEVERAGE  CONTROL  LAW OR A MANUFACTURING
 LICENSE ISSUED UNDER THE ALCOHOLIC BEVERAGE CONTROL LAW THAT INCLUDES  A
 PRIVILEGE  TO  SELL  AND/OR  SERVE  ALCOHOLIC  BEVERAGES  AT  RETAIL FOR
 ON-PREMISES CONSUMPTION ON THE LICENSED PREMISES.
   (B) "NON-CONTIGUOUS MUNICIPAL PUBLIC SPACE" SHALL MEAN SPACE THAT:
   (I) IS LOCATED IN FRONT OF, BEHIND, OR TO THE  SIDE  OF  THE  LICENSED
 PREMISES;
   (II)  IS  WITHIN  THE  PROPERTY BOUNDARIES OF THE LICENSED PREMISES AS
 EXTENDED OUT; OR WITHIN THE PROPERTY BOUNDARIES OF THE TWO NEAREST ADJA-
 CENT PROPERTIES;
   (III) DOES NOT EXTEND FURTHER THAN THE MIDLINE OF ANY PUBLIC ROADWAY;
   (IV) IS SEPARATED FROM THE LICENSED  PREMISES  ONLY  BY  A  PEDESTRIAN
 THOROUGHFARE; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11048-03-2
              

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