STATE OF NEW YORK
        ________________________________________________________________________

                                          7486

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                      May 11, 2021
                                       ___________

        Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
          Committee on Economic Development

        AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
          establishing  that  an  applicant for a license or permit shall not be
          deemed to lack control of the premises under certain circumstances

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Paragraph (g) of subdivision 1 of section 110 of the alco-
     2  holic beverage control law, as amended by chapter 196  of  the  laws  of
     3  2011 and as relettered by chapter 188 of the laws of 2013, is amended to
     4  read as follows:
     5    (g)  A  statement that the applicant has control of the premises to be
     6  licensed by ownership of a fee interest or via a  leasehold,  management
     7  agreement, or other agreement giving the applicant control over the food
     8  and  beverage  at  the  premises,  with  a  term at least as long as the
     9  license for which the  application  is  being  made,  or  by  a  binding
    10  contract to acquire the same and a statement of identity under paragraph
    11  (a)  of this subdivision for the lessor of any leasehold, manager of any
    12  management agreement, or other agreement giving  the  applicant  control
    13  over  the  food  and beverage at the premises, with a copy of the lease,
    14  contract, management agreement, or other agreement giving the  applicant
    15  control  over  the food and beverage at the premises, or deed evidencing
    16  fee ownership of the premises. Notwithstanding the foregoing, if a muni-
    17  cipality has given an applicant exclusive control of a  portion  of  the
    18  public  sidewalk  or  roadway  owned  by such municipality, an applicant
    19  shall not be deemed to lack control of the premises if  access  to  such
    20  portion  of  such  public  sidewalk or roadway is divided by a different
    21  portion of the public sidewalk reserved as a public right of way.
    22    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11048-01-1