Assembly Bill A10381

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10381
 
                           I N  A S S E M B L Y
 
                               May 21, 2024
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Stirpe) --
   read once and referred to the Committee on Economic Development
 
 AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
   authorizing private membership establishments to have certain licenses
   for sale of alcohol
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 3 of the alcoholic beverage control law is  amended
 by adding a new subdivision 39 to read as follows:
   39. "PRIVATE MEMBERSHIP ESTABLISHMENT" SHALL MEAN AN ASSOCIATION OPER-
 ATED  BY  AN INDIVIDUAL, CORPORATION, PARTNERSHIP, COMPANY, OR ANY OTHER
 FOR-PROFIT ENTITY WHICH IS THE OWNER, LESSEE, OR OCCUPANT OF A  PREMISES
 USED  EXCLUSIVELY FOR SUCH ASSOCIATION'S PURPOSES, AND WHICH IS OPERATED
 SOLELY FOR  A  RECREATIONAL,  SOCIAL,  COMMUNAL  WORKSPACE  OR  ATHLETIC
 PURPOSES.  A "MEMBER" OF A PRIVATE MEMBERSHIP ESTABLISHMENT SHALL MEAN A
 PERSON WHO, WHETHER A CHARTER MEMBER OR ADMITTED IN AGREEMENT  WITH  THE
 BY-LAWS OF SUCH PRIVATE MEMBERSHIP ESTABLISHMENT, HAS BECOME A BONA FIDE
 MEMBER  THEREOF,  WHO MAINTAINS THE PRIVATE MEMBERSHIP BY THE PAYMENT OF
 THEIR ANNUAL DUES IN A BONA FIDE MANNER IN ACCORDANCE WITH  THE  BY-LAWS
 AND  WHOSE NAME AND ADDRESS IS ENTERED ON SUCH PRIVATE MEMBERSHIP ESTAB-
 LISHMENT'S LIST OF MEMBERS. A PRIVATE MEMBERSHIP ESTABLISHMENT MUST HAVE
 ONE HUNDRED OR MORE MEMBERS AND SHALL BE SUBJECT TO  THE  PROVISIONS  OF
 SECTION  ONE  HUNDRED TEN OF THIS CHAPTER. PRIVATE MEMBERSHIP ESTABLISH-
 MENTS MAY HAVE TICKETED EVENTS FOR THEIR MEMBERS OR MEMBERS' GUESTS, BUT
 A BUSINESS OR FACILITY THAT SELLS TICKETS TO THE  GENERAL  PUBLIC  SHALL
 NOT BE CONSIDERED A PRIVATE MEMBERSHIP ESTABLISHMENT.
   §  2.  Subdivision  5  of section 64 of the alcoholic beverage control
 law, as amended by chapter 258 of the laws of 1976, is amended  to  read
 as follows:
   5.  No  retail  license under this section shall be granted except for
 such premises as are being conducted as a bona fide hotel provided  that
 a  restaurant  is operated in such premises, restaurant, catering estab-
 lishment, club, PRIVATE MEMBERSHIP ESTABLISHMENT, railroad  car,  vessel
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15608-01-4
              

 A. 10381                            2
 
 or  aircraft  being  operated on regularly scheduled flights by a United
 States certificated airline.
   §  3.  Subdivision  8 of section 106 of the alcoholic beverage control
 law is amended to read as follows:
   8. A  PRIVATE  MEMBERSHIP  ESTABLISHMENT,  club  or  a  luncheon  club
 licensed  to  sell alcoholic beverages for on-premises consumption shall
 be permitted to sell such beverages only to its  members  and  to  their
 guests accompanying them.
   § 4. This act shall take effect immediately.