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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

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-Amended.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        8329--A
                                                               Cal. No. 364
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     June 13, 2011
                                      ___________
       Introduced  by M. of A. MAGEE, McLAUGHLIN, SAYWARD -- Multi-Sponsored by
         -- M. of A.  P. LOPEZ -- read once and referred to  the  Committee  on
         Agriculture  --  advanced  to  a  third  reading,  amended and ordered
         reprinted, retaining its place on the order of third reading
       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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13022-05-2
       A. 8329--A                          2
    1  dollars  each,  providing that the whole amount shall not exceed the sum
    2  of one thousand dollars, which they may sell at a price  not  below  the
    3  par  value thereof, for the purpose of raising money for the erection of
    4  buildings,  or for such other improvements as may be deemed necessary by
    5  a majority of the members of such association.
    6    S 2. Paragraph (k) of section 1409 of the  not-for-profit  corporation
    7  law is amended to read as follows:
    8    (k)  Exhibitions  and entertainments on fair grounds to be exempt from
    9  license.
   10    The provisions of any special or local  law  or  municipal  ordinance,
   11  requiring the payment of a license fee for exhibitions or entertainments
   12  OR  REQUIRING  THAT  AN  APPROVAL  BE OBTAINED FROM ANY LOCAL GOVERNMENT
   13  EXCEPT AN APPROVAL REQUIRED TO PROTECT THE SAFETY, HEALTH AND WELL-BEING
   14  OF PERSONS, shall not apply to any exhibition or entertainment  held  on
   15  the  grounds  of  a town or county corporation whether or not the corpo-
   16  ration derives a pecuniary profit from such exhibition or  entertainment
   17  by  the  lease of its grounds for such purpose AND THE PROVISIONS OF ANY
   18  SPECIAL OR LOCAL LAW OR MUNICIPAL ORDINANCE SHALL NOT  BE  CONSTRUED  OR
   19  APPLIED  TO UNREASONABLY PROHIBIT OR RESTRICT ANY AGRICULTURAL OR HORTI-
   20  CULTURAL CORPORATION RECEIVING REIMBURSEMENT PURSUANT TO  ARTICLE  TWEN-
   21  TY-FOUR  OF  THE  AGRICULTURE  AND  MARKETS  LAW  FROM THE CONSTRUCTION,
   22  IMPROVEMENT, RENOVATION, RELOCATION OR DEMOLITION OF ALL OR ANY OF  SUCH
   23  AGRICULTURAL OR HORTICULTURAL CORPORATION GROUNDS, BUILDINGS AND FACILI-
   24  TIES.
   25    S 3. This act shall take effect immediately.