S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2636
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2023
                                ___________
 
 Introduced  by  Sen.  GRIFFO -- 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
   authorizing the liquor authority to issue temporary liquor permits

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The alcoholic beverage control law is amended by  adding  a
 new section 97-d to read as follows:
   §  97-D.  TEMPORARY  LIQUOR  PERMIT. 1. THE LIQUOR AUTHORITY IS HEREBY
 AUTHORIZED TO ISSUE TEMPORARY PERMITS EFFECTIVE  FOR  A  PERIOD  NOT  TO
 EXCEED  TWENTY-FOUR  CONSECUTIVE  HOURS  TO AUTHORIZE THE SALE OF LIQUOR
 MANUFACTURED IN NEW YORK STATE AT OUTDOOR OR  INDOOR  GATHERINGS,  FUNC-
 TIONS,  OCCASIONS  OR  EVENTS,  WITHIN THE HOURS FIXED BY OR PURSUANT TO
 SUBDIVISION FIVE OF SECTION ONE HUNDRED  SIX  OF  THIS  CHAPTER,  DURING
 WHICH  ALCOHOLIC  BEVERAGES MAY LAWFULLY BE SOLD OR SERVED UPON PREMISES
 LICENSED TO SELL ALCOHOLIC BEVERAGES AT RETAIL FOR ON-PREMISES  CONSUMP-
 TION  IN  THE  COMMUNITY  IN WHICH IS LOCATED THE PREMISES IN WHICH SUCH
 GATHERING, FUNCTION, OCCASION OR EVENT IS HELD. THE FEE FOR SUCH  PERMIT
 SHALL  BE  FORTY  DOLLARS. SUCH PERMIT AND THE EXERCISE OF THE PRIVILEGE
 GRANTED THEREBY SHALL BE SUBJECT TO SUCH RULES OF THE  LIQUOR  AUTHORITY
 AS IT DEEMS NECESSARY.
   2. THE LIQUOR AUTHORITY IS HEREBY AUTHORIZED TO ISSUE AN ANNUAL PERMIT
 TO DISTILLERS, IMPORTERS, AND LIQUOR WHOLESALERS AUTHORIZING SUCH LICEN-
 SEES  TO  SELL  LIQUOR  FOR CONSUMPTION AT OUTDOOR OR INDOOR GATHERINGS,
 FUNCTIONS, OCCASIONS OR EVENTS, PROVIDED THAT SUCH  GATHERINGS  ARE  NOT
 OPEN  TO  ADMISSION  TO THE GENERAL PUBLIC NOR IS ADMISSION THERETO MADE
 CONTINGENT UPON THE PAYMENT OF AN ADMISSION FEE,  DONATION  OR  CONTRIB-
 UTION, AND FURTHER PROVIDED THAT SUCH LIQUOR IS NOT RESOLD AT SUCH GATH-
 ERINGS. EVERY DISTILLER, IMPORTER, OR LIQUOR WHOLESALER TO WHOM A PERMIT
 SHALL  BE  ISSUED  HEREUNDER  SHALL  REQUIRE EVERY PERSON TO WHOM LIQUOR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04438-01-3
              

 S. 2636                             2
 
 SHALL BE SOLD FOR USE AT SUCH GATHERINGS TO MAKE, EXECUTE AND FILE  WITH
 SUCH  DISTILLER,  IMPORTER,  OR  LIQUOR  WHOLESALER,  UPON  A FORM TO BE
 PRESCRIBED BY  THE  LIQUOR  AUTHORITY,  A  STATEMENT,  THAT  THE  LIQUOR
 PURCHASED  BY  SUCH  PERSON WILL NOT BE SOLD OR OFFERED FOR SALE BY SUCH
 PERSON. SUCH STATEMENT SHALL BE ACCEPTED FOR ALL PURPOSES AS THE  EQUIV-
 ALENT OF AN AFFIDAVIT, AND IF FALSE, SHALL SUBJECT THE PERSON MAKING AND
 EXECUTING  THE  SAME TO THE SAME PENALTIES AS IF HE HAD BEEN DULY SWORN.
 SUCH PERMIT SHALL BE ISSUED IN THE FORM PRESCRIBED BY THE LIQUOR AUTHOR-
 ITY AND SHALL RUN CONCURRENTLY WITH THE ANNUAL TERM OF THE  DISTILLER'S,
 IMPORTER'S,  OR  THE  WHOLESALER'S  LIQUOR LICENSE, AND THE FEE FOR SUCH
 PERMIT SHALL BE EIGHTY DOLLARS. SUCH A PERMIT AND THE  EXERCISE  OF  THE
 PRIVILEGES  GRANTED  THEREUNDER  SHALL  BE  SUBJECT TO SUCH RULES BY THE
 LIQUOR AUTHORITY AS IT DEEMS NECESSARY. THE PROVISIONS HEREOF SHALL  NOT
 APPLY TO THE SALE OF LIQUOR FOR CONSUMPTION IN THE HOME.
   § 2. This act shall take effect immediately.