Bill Text: NY A08329 | 2011-2012 | General Assembly | Introduced


Bill Title: Relates to licensure of exhibits or entertainment on fair grounds.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2012-06-21 - RECOMMITTED TO RULES [A08329 Detail]

Download: New_York-2011-A08329-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8329
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     June 13, 2011
                                      ___________
       Introduced  by M. of A. MAGEE -- read once and referred to the Committee
         on Agriculture
       AN ACT to amend the agriculture and markets law and  the  not-for-profit
         corporation law, in relation to licensure of exhibits or entertainment
         on fair grounds
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 290 of the agriculture and markets law  is  amended
    2  to read as follows:
    3    S 290. Association  of farmers; powers of. Any association of farmers,
    4  residing in any neighborhood, town or county  in  this  state,  now,  or
    5  hereafter  to  be organized, and acting under a constitution and by-laws
    6  adopted by themselves for their guidance, which shall be  filed  in  the
    7  clerk's  office  of  such  town or county and which are not inconsistent
    8  with the laws of this state, is hereby authorized to lease and  maintain
    9  grounds  and  structures  for the exhibition and sale of the products of
   10  their farms or their skill, and for the instruction  and  recreation  of
   11  its  members  and visitors. Any such association shall have authority to
   12  let, for rent, locations on their leased grounds to EXHIBITIONS,  ENTER-
   13  TAINMENTS,  shopmen and persons wishing to furnish suitable refreshments
   14  for victualing members and visitors OR FOR STORAGE OF PERSONAL  PROPERTY
   15  WHEN  PROPERTY  IS  AVAILABLE  FOR SUCH ACTIVITY; to license peddlers to
   16  sell on their grounds articles of merchandise, not forbidden to be  sold
   17  by any law of this state without license from the state; and in the name
   18  of  such  association and upon the action and direction of its officers,
   19  to sue for and collect the stipulated sums of such rentals and licenses,
   20  and to enforce the observance  of  its  rules  and  regulations  by  the
   21  several  members  of  its  association.  And  such association is hereby
   22  empowered to issue certificates  of  indebtedness  in  amounts  of  five
   23  dollars  each,  providing that the whole amount shall not exceed the sum
   24  of one thousand dollars, which they may sell at a price  not  below  the
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13022-01-1
       A. 8329                             2
    1  par  value thereof, for the purpose of raising money for the erection of
    2  buildings, or for such other improvements as may be deemed necessary  by
    3  a majority of the members of such association.
    4    S  2.  Paragraph (k) of section 1409 of the not-for-profit corporation
    5  law is amended to read as follows:
    6    (k) Exhibitions and entertainments on fair grounds to be  exempt  from
    7  license.
    8    The  provisions  of  any  special or local law or municipal ordinance,
    9  requiring the payment of a license fee for exhibitions or entertainments
   10  OR REQUIRING THAT AN APPROVAL BE OBTAINED  FROM  ANY  LOCAL  GOVERNMENT,
   11  EXCEPT  AN  APPROVAL  REQUIRED  TO  PROTECT THE PUBLIC HEALTH OR SAFETY,
   12  shall not apply to any exhibition or entertainment held on  the  grounds
   13  of a town or county corporation whether or not the corporation derives a
   14  pecuniary  profit  from such exhibition or entertainment by the lease of
   15  its grounds for such purpose AND THE PROVISIONS OF ANY SPECIAL OR  LOCAL
   16  LAW  OR  MUNICIPAL ORDINANCE SHALL NOT BE CONSTRUED OR APPLIED TO UNREA-
   17  SONABLY PROHIBIT OR RESTRICT ANY AGRICULTURAL  OR  HORTICULTURAL  CORPO-
   18  RATION  RECEIVING  REIMBURSEMENT  PURSUANT TO ARTICLE TWENTY-FOUR OF THE
   19  AGRICULTURE AND MARKETS LAW FROM THE  CONSTRUCTION,  IMPROVEMENT,  RENO-
   20  VATION,  RELOCATION  OR  DEMOLITION  OF  ALL  OR ANY OF SUCH CORPORATION
   21  GROUNDS, BUILDINGS AND FACILITIES.
   22    S 3. This act shall take effect immediately.
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