S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8707
 
                           I N  A S S E M B L Y
 
                             January 11, 2022
                                ___________
 
 Introduced  by  M. of A. FAHY -- read once and referred to the Committee
   on Economic Development
 
 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 in legislative bills numbers S. 6353-A and A. 7733, are REPEALED and six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
              

 A. 8707                             2
 
   (V)  OTHERWISE  COMPLIES  WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL
 REQUIREMENTS.
   (C) "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)  OTHERWISE COMPLIES WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL
 REQUIREMENTS.
   § 3. UPON APPLICATION TO THE  STATE  LIQUOR  AUTHORITY  AND  WITH  THE
 AUTHORITY'S APPROVAL OF SUCH APPLICATION, A LICENSEE, IN ACCORDANCE WITH
 ITS  LICENSE,  MAY EXERCISE ITS PRIVILEGE TO SELL AND/OR SERVE ALCOHOLIC
 BEVERAGES AT RETAIL FOR ON-PREMISES CONSUMPTION ON CONTIGUOUS  MUNICIPAL
 PUBLIC SPACE OR NON-CONTIGUOUS MUNICIPAL PUBLIC SPACE PROVIDED:
   (A)  THE MUNICIPALITY IN WHICH THE LICENSED PREMISES IS LOCATED ISSUES
 A PERMIT OR THE RESPONSIBLE MUNICIPAL REGULATORY BODY OR  AGENCY  ISSUES
 WRITTEN  AUTHORIZATION  TO  THE  LICENSEE  TO SELL AND/OR SERVE FOOD AND
 BEVERAGES ON SUCH CONTIGUOUS MUNICIPAL PUBLIC  SPACE  OR  NON-CONTIGUOUS
 MUNICIPAL PUBLIC SPACE;
   (B)  THE  LICENSEE SUBMITS NOTICE TO THE STATE LIQUOR AUTHORITY IN THE
 FORM OF A COPY OF SUCH PERMIT OR OTHER WRITTEN AUTHORIZATION;
   (C) THE LICENSEE SUBMITS NOTICE TO THE STATE LIQUOR AUTHORITY  IN  THE
 FORM  OF  A DIAGRAM DEPICTING BOTH THE LICENSED PREMISES AND THE CONTIG-
 UOUS MUNICIPAL PUBLIC SPACE OR NON-CONTIGUOUS MUNICIPAL PUBLIC SPACE  TO
 BE USED BY THE LICENSEE;
   (D) ALL NEW APPLICANTS FOR USE OF NON-CONTIGUOUS MUNICIPAL SPACE SHALL
 PROVIDE  COMMUNITY  NOTIFICATION  TO THE 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; AND
   (E) USE OF ANY SUCH SPACE MEETS ALL APPLICABLE FEDERAL, STATE OR LOCAL
 LAWS, RULES, REGULATIONS, GUIDANCE, CONDITIONS OR REQUIREMENTS.
   § 4. (A) NOTWITHSTANDING THE PROVISIONS OF SECTION THREE OF THIS  ACT,
 A  LICENSEE,  PREVIOUSLY  APPROVED  BY  THE MUNICIPALITY, EXERCISING ITS
 PRIVILEGE TO  SELL  AND/OR  SERVE  ALCOHOLIC  BEVERAGES  AT  RETAIL  FOR
 CONSUMPTION  ON  CONTIGUOUS  MUNICIPAL  PUBLIC  SPACE  OR NON-CONTIGUOUS
 MUNICIPAL PUBLIC SPACE UPON THE EFFECTIVE DATE  OF  THIS  ACT  SHALL  BE
 ALLOWED TO CONTINUE SUCH USE PURSUANT TO THIS ACT.
   (B)  WITHIN NINETY DAYS, THE LICENSEE MUST PROVIDE NOTICE TO THE STATE
 LIQUOR AUTHORITY PURSUANT TO SUBDIVISIONS (B) AND (C) OF  SECTION  THREE
 OF  THIS  ACT TO INDICATE THAT THE LICENSEE WILL CONTINUE EXERCISING ITS
 PRIVILEGE TO  SELL  AND/OR  SERVE  ALCOHOLIC  BEVERAGES  AT  RETAIL  FOR
 CONSUMPTION  ON SUCH CONTIGUOUS MUNICIPAL PUBLIC SPACE OR NON-CONTIGUOUS
 MUNICIPAL PUBLIC SPACE.
   § 5. IF AT ANY TIME THE MUNICIPALITY REVOKES, CANCELS OR  SUSPENDS  OR
 OTHERWISE TERMINATES THE LICENSEE'S AUTHORIZATION TO USE SUCH CONTIGUOUS
 MUNICIPAL  PUBLIC  SPACE  OR  NON-CONTIGUOUS MUNICIPAL PUBLIC SPACE, THE
 LICENSEE SHALL CEASE EXERCISING ITS PRIVILEGE TO SELL AND/OR SERVE ALCO-
 HOLIC BEVERAGES AT RETAIL  FOR  CONSUMPTION  ON  SUCH  MUNICIPAL  PUBLIC
 SPACE.
   §  6.  VIOLATIONS  OF THE PROVISIONS OF SECTION THREE, FOUR OR FIVE OF
 THIS ACT, OR A VIOLATION OF ANY  PROVISION  OF  THE  ALCOHOLIC  BEVERAGE
 CONTROL  LAW  OR THE RULES OF THE STATE LIQUOR AUTHORITY TAKING PLACE ON
 CONTIGUOUS MUNICIPAL PUBLIC SPACE  OR  NON-CONTIGUOUS  MUNICIPAL  PUBLIC
 A. 8707                             3
 
 SPACE  BEING USED BY SUCH LICENSEE SHALL BE SUBJECT TO THE PROVISIONS OF
 SECTIONS 118 AND 119 OF THE ALCOHOLIC BEVERAGE CONTROL LAW.
   § 2. Section 3 of a chapter of the laws of 2021 relating to permitting
 the  use  of municipal space for outdoor dining, as proposed in legisla-
 tive bills numbers S. 6353-A and A. 7733, is renumbered section 7.
   § 3. This act shall take effect on the  same  date  and  in  the  same
 manner  as  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, takes effect; provided, however that the
 amendments to 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, made by this act shall  not  affect
 the expiration of such chapter and shall be deemed to expire therewith.