STATE OF NEW YORK
        ________________________________________________________________________

                                          7617

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      May 25, 2023
                                       ___________

        Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
          tee 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:

     1    Section 1. Section 3 of the alcoholic beverage control law is  amended
     2  by adding a new subdivision 39 to read as follows:
     3    39. "Private membership establishment" shall mean an association oper-
     4  ated  by  an individual, corporation, partnership, company, or any other
     5  for-profit entity which is the owner, lessee, or occupant of a  premises
     6  used  exclusively for such association's purposes, and which is operated
     7  solely for a recreational,  social,  patriotic,  political,  benevolent,
     8  communal workspace or athletic purposes. A "member" of a private member-
     9  ship  establishment shall mean a person who, whether a charter member or
    10  admitted in agreement with the by-laws of such private membership estab-
    11  lishment, has become a bona fide member thereof, who  maintains  his  or
    12  her private membership establishment membership by the payment of his or
    13  her annual dues in a bona fide manner in accordance with the by-laws and
    14  whose  name and address is entered on such private membership establish-
    15  ment's list of members. A  private  membership  establishment  shall  be
    16  subject  to the provisions of section one hundred ten of this chapter. A
    17  business or facility that sells event tickets to the public,  or  other-
    18  wise  permits  access to non-members of such business or facility, shall
    19  not be considered a private membership establishment.
    20    § 2. Subdivision 5 of section 64 of  the  alcoholic  beverage  control
    21  law,  as  amended by chapter 258 of the laws of 1976, is amended to read
    22  as follows:
    23    5. No retail license under this section shall be  granted  except  for
    24  such  premises as are being conducted as a bona fide hotel provided that

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11506-01-3

        A. 7617                             2

     1  a restaurant is operated in such premises, restaurant,  catering  estab-
     2  lishment,  club,  private membership establishment, railroad car, vessel
     3  or aircraft being operated on regularly scheduled flights  by  a  United
     4  States certificated airline.
     5    §  3.  Subdivision  8 of section 106 of the alcoholic beverage control
     6  law is amended to read as follows:
     7    8. A  private  membership  establishment,  club  or  a  luncheon  club
     8  licensed  to  sell alcoholic beverages for on-premises consumption shall
     9  be permitted to sell such beverages only to its  members  and  to  their
    10  guests accompanying them.
    11    § 4. This act shall take effect immediately.