senate Bill S6353

Signed By Governor
2021-2022 Legislative Session

Relates to permitting the use of municipal space for outdoor dining

download bill text pdf

Sponsored By

Current Bill Status - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

view actions (15)
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

S6353 - Details

See Assembly Version of this Bill:
A7486
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §110, ABC L

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.

S6353 - Sponsor Memo

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

S6353A (ACTIVE) - Details

See Assembly Version of this Bill:
A7486
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §110, ABC L

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.

S6353A (ACTIVE) - Sponsor Memo

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.

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