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.