Bill Text: NY A07987 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to the duration of certain leases or agreements relating to the sale of food and beverages at Rye town park.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-06-20 - substituted by s6474 [A07987 Detail]
Download: New_York-2017-A07987-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7987 2017-2018 Regular Sessions IN ASSEMBLY May 24, 2017 ___________ Introduced by M. of A. OTIS -- read once and referred to the Committee on Local Governments AN ACT to amend chapter 711 of the laws of 1907 relating to providing for a public park in the town of Rye, county of Westchester, in relation to the duration of certain leases or agreements at Rye town park The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Sections 8 and 9 of chapter 711 of the laws of 1907 relat- 2 ing to providing for a public park in the town of Rye, county of West- 3 chester, section 8 as amended by chapter 236 of the laws of 2002 and 4 section 9 as amended by chapter 778 of the laws of 1952, are amended to 5 read as follows: 6 § 8. The said commissioners of parks shall have power and are directed 7 to lay out, construct, grade and improve said park; to appoint, in their 8 discretion, such employees as they deem necessary for the care and 9 custody of said park; to employ all necessary workmen, assistants and 10 contractors, and to prescribe their duties and fix their compensation; 11 to seize and impound all cattle and other animals found roaming at large 12 in said park; to make reasonable rules and ordinances for the use of 13 said park not inconsistent with the ordinances of the village of Rye. 14 All persons offending against such ordinances shall be deemed guilty of 15 a misdemeanor and shall be punished on conviction before any court of 16 competent jurisdiction in the town of Rye by a fine not exceeding fifty 17 dollars, or by imprisonment not exceeding thirty days, or both, at the 18 discretion of the court. Said commissioners are authorized and empowered 19 to bring an action in the name of the town to recover damages for the 20 breach of any agreement relating to or growing out of the management or 21 improvement of the park, or damages for injuries to any of the property 22 appertaining to the park. Said commissioners are authorized and 23 empowered to let to any person or persons or corporation for any period EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10705-04-7A. 7987 2 1 of time not exceeding three [or seven years in the case of agreements2executed before May 1, 2000 if approved with the support of the supervi-3sor of the town of Rye and the mayor of the city of Rye] years, and 4 under such rules and regulations as shall be made by said commissioners 5 of parks, the privilege of maintaining and offering boats for hire at 6 said park; the privilege of maintaining bath houses and bathing facili- 7 ties for hire at said park, and the privilege of maintaining a public 8 restaurant at said park; the privilege of selling ice cream at said 9 park; the privilege of selling candy at said park; [the privilege of10selling cigars and cigarettes at said park;] the privilege of selling 11 soda water at said park; the privilege of selling beer at said park; the 12 privilege of selling wine or liquor at said park; the privilege of sell- 13 ing post cards and souvenirs at said park, and the privilege of parking 14 automobiles and vehicles at said park, or any or all of said privileges. 15 [In the case of seven year agreements executed before May 1, 2000, said16commissioners are authorized and empowered to extend such agreements for17any period of time not exceeding an additional ten years if such exten-18sion is executed before December 31, 2002 and is approved with the19support of the supervisor of the town of Rye and the mayor of the city20of Rye.] Said commissioners are authorized and empowered to let to any 21 person or persons or corporation for any period of time not exceeding 22 twenty years for the privilege of maintaining a public restaurant at 23 said park; the privilege of selling ice cream at said park; the privi- 24 lege of selling candy at said park; the privilege of selling soda water 25 at said park; the privilege of selling beer at said park; the privilege 26 of selling wine or liquor at said park if such agreement is executed 27 prior to December thirty-first, two thousand eighteen and is approved 28 with the support of the supervisor of the town of Rye and the mayor of 29 the city of Rye. Copies of proposed leases or contracts extending such 30 privileges shall be provided to the town board of the town of Rye and 31 the city council of the city of Rye for their comment at least one month 32 in advance of determination by the commissioners, the supervisor of the 33 town of Rye and the mayor of the city of Rye. Said commissioners of 34 parks shall have no power to lease any portion of said park for any 35 other purpose than as above provided. Whenever said commissioners of 36 parks shall determine to let any or all of said privileges, they shall 37 cause any or all of said privileges to be sold by advertising as herein- 38 after provided for sealed bids in accordance with such terms and spec- 39 ifications as the said commissioners of parks may determine, or at 40 public auction to the highest responsible bidder, who in the discretion 41 of the park commissioners is deemed to be to the best interest and 42 advantage of the town park and its management, such determination shall 43 be made by a resolution passed by a majority of the commissioners of 44 parks at a meeting, after notice calling for sealed bids for said privi- 45 leges under such terms and specifications as the said commissioners of 46 parks shall determine, or of such public auction, shall have been adver- 47 tised in all the newspapers of said town of Rye at least once a week for 48 two weeks successively. Said commissioners of parks shall have the power 49 to reject any or all of the sealed bids, or bids at such public auction. 50 The person or persons or corporation to whom the privilege or privileges 51 shall be sold and awarded shall furnish a bond in such sum as may be 52 determined, and with such sureties as may be approved by said commis- 53 sioners of parks. Said commissioners of parks shall not have the power 54 to lease said privileges so as to exclude the people of the town of Rye 55 from a full and free enjoyment of the waters of Long Island sound adja- 56 cent to said park, and of the right to embark and disembark to and fromA. 7987 3 1 the said park from boats and yachts. No liquors, beer, wine or intoxi- 2 cants of any kind whatsoever shall be allowed or sold in any part of 3 said park except under license agreement with the Rye Town Park commis- 4 sion. The town board of the town of Rye and the city council of the 5 city of Rye each shall have the authority to suspend or revoke the use 6 of wine or liquor at Rye Town Park on an annual basis. This authority 7 can be exercised through the passage of a resolution by either municipal 8 government. Suspension or revocation can be rescinded by passage of a 9 resolution by the same municipal government. Said commissioners of parks 10 shall have the power by a resolution passed by a majority of the park 11 commissioners to operate and conduct any or all of said privileges under 12 their own supervision and direction, to employ a manager for that 13 purpose, and contract, hire, and employ labor and assistants for that 14 purpose and purchase provisions, supplies, goods, wares, merchandise, 15 fixtures and bathing equipment to be sold, hired and used under the 16 privileges hereinbefore enumerated from time to time for that purpose. 17 The said commissioners of parks may determine by a resolution passed by 18 a majority of the commissioners of parks at a meeting to operate and 19 conduct any or all of the said privileges, for the benefit of the town 20 of Rye, under their own supervision and direction and the said commis- 21 sioners of parks are hereby empowered and authorized to use whatever 22 funds are in the hands of the commissioners of parks for that purpose 23 and if such funds are insufficient the said commissioners of parks may 24 raise by taxation a sum not exceeding twenty-five thousand dollars for 25 that purpose, in any year. The principal of and interest on any obli- 26 gations of the town of Rye issued for any of the purposes of this act 27 shall be levied and collected in the manner required by law and the 28 board of supervisors of the county of Westchester, upon request of the 29 town board of the town of Rye, shall levy and assess the said sum of 30 money upon the taxable property of the town of Rye. The trustees of the 31 village of Rye shall provide a sufficient number of policemen for the 32 proper policing of and for the enforcement of all laws and ordinances 33 applicable to the said park and the maintenance of order therein and the 34 reasonable cost thereof and therefor, approved by the said commission- 35 ers, shall be paid by the supervisor, in the same manner as other park 36 charges, to the treasurer of the village of Rye. 37 § 9. The income from whatever leases may be made by the said commis- 38 sioners, and from the sale of any or all of said privileges in said 39 park, or the income derived from the conduct and operation of any or all 40 of said privileges enumerated in section eight of this act, under the 41 supervision and direction of the park commissioners for the benefit of 42 the town of Rye shall be paid to the supervisor of the said town of Rye 43 by the said commissioners of parks, and shall be applied by said super- 44 visor as follows: to the proper care, expenses of maintenance, repairs 45 and improvements of said lands and premises, and for the operation, 46 maintenance and conduct of said privileges by the commissioners of parks 47 and the balance of said revenue, if any, to the payment of the principal 48 of and interest on the obligations of said town, issued for the purposes 49 of this act[, and the balance, if any, shall be applied to general town50purposes]. All payments shall be made upon vouchers certified by a 51 majority of said commissioners of parks. The supervisor of the town of 52 Rye shall be the treasurer of said commissioners of parks, and shall 53 execute and deliver yearly a bond to the town of Rye in such an amount 54 and with such sureties as may be approved by the town board of Rye. If 55 the expense of maintaining the park, the operation and conduct of any or 56 all of said privileges enumerated in section eight of this act by theA. 7987 4 1 commissioners of parks for the benefit of the town of Rye, and the 2 amount of the principal of an interest on any obligations issued for the 3 purposes of this act, shall in any year exceed the amount of said 4 income, the town board shall raise annually, by tax to be assessed upon 5 the taxable property in said town of Rye, at the same time and in the 6 same manner that general taxes are raised therein, a sufficient sum to 7 meet such excess; and if the amount of income shall exceed the amount 8 required for such maintenance, principal of and interest on any obli- 9 gations, the town board [may apply such excess to the general purposes10of the town] shall apply such excess to repairs and improvements in said 11 park. The commissioners of parks shall have power, from time to time, to 12 construct buildings or other improvements in said park which they may 13 deem expedient and necessary, and all such sums of money as shall be 14 necessary, not exceeding one-tenth of one per centum per annum of the 15 assessed valuation of said town as shown by the assessment roll of the 16 preceding year, to pay therefor shall be levied and collected in the 17 manner required by law, and the board of supervisors of the county of 18 Westchester, upon request by the town board of the said town of Rye, 19 shall levy and assess the said sum of money upon the taxable property of 20 the town of Rye. Said commissioner of parks shall hold public stated 21 meetings at least once a month between April first and November first, 22 in each year. Nothing contained in this or any other section of this 23 chapter shall be construed to prevent the financing in whole or in part, 24 pursuant to the local finance law, of expenditures for the construction 25 of buildings or other improvements which the commissioner of parks deem 26 expedient or necessary, and such expenditures may be financed in such 27 manner whether or not the amount thereof is less than one-tenth of one 28 per centum of such assessed valuation. 29 § 2. This act shall take effect immediately.