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

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 (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 18, 2022 signed chap.165
delivered to governor
Jan 25, 2022 returned to senate
passed assembly
ordered to third reading cal.305
substituted for a8707
Jan 20, 2022 referred to economic development
delivered to assembly
passed senate
Jan 18, 2022 ordered to third reading cal.188
Jan 12, 2022 referred to rules

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)

S7826 (ACTIVE) - Summary

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

S7826 (ACTIVE) - Sponsor Memo

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 in legislative bills numbers S. 6353-A and A. 7733, are REPEALED and six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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