S T A T E O F N E W Y O R K ________________________________________________________________________ 2412--B 2011-2012 Regular Sessions I N A S S E M B L Y January 18, 2011 ___________ Introduced by M. of A. GABRYSZAK, SALADINO -- read once and referred to the Committee on Economic Development, Job Creation, Commerce and Industry -- recommitted to the Committee on Economic Development in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee AN ACT to amend the alcoholic beverage control law, in relation to the state policy with regard to alcoholic beverages THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Section 2 of the alcoholic beverage control law, as amended 2 by chapter 111 of the laws of 1978, is amended to read as follows: 3 S 2. Policy of state and purpose of chapter. It is hereby declared as 4 the policy of the state that it is necessary to regulate and control the 5 manufacture, sale and distribution within the state of alcoholic bever- 6 ages for the purpose of fostering and promoting temperance in their 7 consumption and respect for and obedience to law. THIS CHAPTER SHALL BE 8 DEEMED AN EXERCISE OF THE POLICE POWER OF THE STATE, FOR THE PRIMARY 9 PURPOSE OF PROMOTING THE HEALTH, WELFARE AND SAFETY OF THE PEOPLE OF THE 10 STATE, PROMOTING TEMPERANCE IN THE CONSUMPTION OF ALCOHOLIC BEVERAGES; 11 AND, TO THE EXTENT POSSIBLE, SUPPORTING ECONOMIC GROWTH, JOB DEVELOP- 12 MENT, AND THE STATE'S ALCOHOLIC BEVERAGE PRODUCTION INDUSTRIES AND ITS 13 TOURISM AND RECREATION INDUSTRY; AND WHICH PROMOTES THE CONSERVATION AND 14 ENHANCEMENT OF STATE AGRICULTURAL LANDS; PROVIDED THAT SUCH ACTIVITIES 15 DO NOT CONFLICT WITH THE PRIMARY REGULATORY OBJECTIVES OF THIS CHAPTER. 16 It is hereby declared that such [policy] POLICIES will best be carried 17 out by empowering the liquor authority of the state to determine whether 18 public convenience and advantage will be promoted by the issuance of 19 licenses to traffic in alcoholic beverages, the increase or decrease in 20 the number thereof and the location of premises licensed thereby, EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04870-06-2 A. 2412--B 2 1 subject only to the right of judicial review [hereinafter] provided for 2 IN THIS CHAPTER. It is the purpose of this chapter to carry out [that 3 policy] THESE POLICIES in the public interest. [The restrictions, regu- 4 lations and provisions contained in this chapter are enacted by the 5 legislature for the protection, health, welfare and safety of the people 6 of the state.] 7 S 2. This act shall take effect on the one hundred eightieth day after 8 it shall have become a law.