³ 111-a. Use of contiguous and non-contiguous municipal public space
for on-premises alcoholic beverage sales by certain licensees. 1. The
holder of a retail on-premises license issued pursuant to sections
fifty-five, sixty-four, sixty-four-a, sixty-four-c, sixty-four-d,
eighty-one, or eighty-one-a of this chapter or a manufacturing license
that includes a privilege to sell and/or serve alcoholic beverages at
retail for on-premises consumption on the licensed premises issued
pursuant to section thirty, thirty-one, fifty-one, fifty-one-a,
fifty-eight, fifty-eight-c, subdivision two-c of section sixty-one,
section seventy-six, seventy-six-a, seventy-six-c, or seventy-six-d of
this chapter may file an alteration application with the authority
pursuant to subdivision one of section ninety-nine-d of this chapter for
permission to add municipal public space that is either contiguous or
non-contiguous to the licensed premises. Upon approval of such
alteration application, such a licensee may exercise the 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 on such
contiguous municipal public space or non-contiguous municipal public
space;

(b) the licensee submits to the liquor authority a copy of such
municipal permit or other written authorization along with the
alteration application;

(c) the licensee submits to the liquor authority a copy of the permit
application submitted to the municipality to obtain the municipal permit
or other written authorization from the municipality along with the
alteration application;

(d) the licensee submits to the liquor authority a diagram depicting
both the licensed premises and the contiguous municipal public space or
non-contiguous municipal public space to be used by the licensee with
the alteration application;

(e) the licensee submits to the liquor authority proof that it has
provided community notification to the municipality, including
municipalities outside the city of New York, in a manner consistent with
or required by subdivision two of section one hundred ten-b of this
article as required for the city of New York;

(f) the licensee submits proof to the liquor authority that: (i) such
licensee has obtained workers' compensation insurance for all employees,
as required by the workers' compensation law; and (ii) such licensee has
obtained general liability insurance to provide coverage against
liability for injury sustained by persons on the contiguous municipal
public space or non-contiguous municipal public space used by the
licensee and, if applicable, persons and cyclists using or crossing a
bike thoroughfare that connects the licensed premises to the
non-contiguous municipal public space used by the licensee. The licensee
shall maintain such general liability coverage during the term of its
municipal permit or written authorization to use the contiguous
municipal public space or non-contiguous municipal public space; and

(g) use of any such contiguous or non-contiguous municipal public
space meets all applicable federal, state or local laws, rules,
regulations, guidance, conditions or requirements.

2. For the purposes of this section: (a) "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 nearest adjacent properties on either side;
(iii) does not extend further than the midline of any public roadway;
(iv) is separated from the licensed premises only by one or more of the
following: a pedestrian thoroughfare, a thoroughfare primarily
restricted to use by bicycles, or a portion of a thoroughfare with such
restrictions; and (v) otherwise complies with all applicable federal,
state and local requirements.

(b) "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 nearest adjacent
properties on either side; (iii) otherwise complies with all applicable
federal, state and local requirements.

3. Licensees choosing to utilize non-contiguous municipal public space
that includes a thoroughfare primarily restricted to use by bicycles, or
a portion of a thoroughfare with such restrictions, shall post a sign or
poster in said municipal outdoor space with conspicuous lettering in at
least seventy-two point bold face font that states: "CAUTION: BICYCLE
LANE" prior to and while utilizing any such municipal space for
on-premises alcoholic beverage sales to patrons. Such licensees shall be
solely responsible for production of and maintenance of such signage.
Compliance by the licensee with the provisions of any local law
requiring posting of warning signs regarding bicycle lanes enacted on or
before the effective date of this section shall be deemed to be in
compliance with the provisions of this section. Nothing contained
herein, however, shall be deemed to exempt any licensee not otherwise
subject to the provisions of any such local law from complying with the
provisions of this section.

4. 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 immediately cease exercising the privilege to sell and/or
serve alcoholic beverages at retail for consumption on such municipal
public space. The licensee shall then file a new alteration application
removing the municipal public space from its licensed premises. The
failure to file a new alteration application with the authority within
ten business days of the revocation, cancellation, suspension, or other
termination by the local municipality of the licensee's authorization to
use such contiguous or non-contiguous municipal public space shall be
cause for revocation, cancellation, suspension and/or imposition of a
civil penalty against the license in accordance with section one hundred
eighteen of this article.

5. The authority may promulgate guidance, rules and/or regulations
necessary to implement the provisions of this section. Notwithstanding
existing provisions of this chapter, the authority is authorized to
provide simplified applications and notification procedures for
licensees seeking to utilize municipal space for on-premises alcoholic
beverage sales whenever possible or appropriate. Nothing in this section
shall prohibit the authority from requesting additional information from
any applicant seeking to use new municipal space or renewal of existing
municipal space.