Bill Text: NY A10096 | 2011-2012 | General Assembly | Introduced

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Bill Title: Includes the Sons of the American Legion and the American Legion Auxiliary in the definition of "club," extending certain provisions to such groups.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2012-08-01 - signed chap.328 [A10096 Detail]

Download: New_York-2011-A10096-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         10096
                                 I N  A S S E M B L Y
                                      May 3, 2012
                                      ___________
       Introduced  by  M.  of A. SCHIMMINGER, TENNEY, BRINDISI -- read once and
         referred to the Committee on Economic Development
       AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
         including  the  Sons  of  the  American Legion and the American Legion
         Auxiliary as a club
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  9  of  section  3  of the alcoholic beverage
    2  control law, as amended by chapter 575 of the laws of 2005,  is  amended
    3  to read as follows:
    4    9.  "Club" shall mean an organization of persons incorporated pursuant
    5  to the provisions of the not-for-profit corporation law or  the  benevo-
    6  lent  orders  law,  which is the owner, lessee or occupant of a building
    7  used exclusively for club purposes, and which does not traffic in  alco-
    8  holic  beverages  for  profit and is operated solely for a recreational,
    9  social, patriotic, political, benevolent or athletic purpose but not for
   10  pecuniary gain; except that where such club is located in an  office  or
   11  business  building, or state armory, it may be licensed as such provided
   12  it otherwise qualifies as a "club" within the meaning of  this  subdivi-
   13  sion.  A  "luncheon  club"  shall mean a club which is open only on week
   14  days during the hours between eleven o'clock in the  morning  and  three
   15  o'clock  in  the afternoon. A "member" of a club shall mean a person who
   16  whether a charter member or admitted in agreement with  the  by-laws  of
   17  the  club,  has  become a bona fide member thereof, who maintains his or
   18  her membership by the payment of his or her annual dues in a  bona  fide
   19  manner  in  accordance  with  the  by-laws and whose name and address is
   20  entered on the list of members; or in the case of a veterans club  where
   21  a  person has in his or her possession an identification card indicating
   22  his or her membership in the national veterans' organization with  which
   23  the  club  at which he or she is present is affiliated. For the purposes
   24  of this section a veterans club shall include but not be limited to  the
   25  Grand  Army of the Republic, the United Spanish War Veterans, the Veter-
   26  ans of Foreign Wars, the Jewish War Veterans of the United States, Inc.,
   27  the Catholic War Veterans, Inc., the Italian American  War  Veterans  of
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15622-01-2
       A. 10096                            2
    1  the United States, Incorporated, the Polish Legion of American Veterans,
    2  Inc.,  the  Marine Corps League, the Military Order of the Purple Heart,
    3  Inc., the American Legion, the Disabled American Veterans, AMVETS, Amer-
    4  ican  Veterans of World War II, Masonic War Veterans of the State of New
    5  York, Inc., Veterans of World War I of  the  United  States  of  America
    6  Department  of  New  York, Inc., China-Burma-India Veterans Association,
    7  Inc., Polish-American Veterans of World War II, the Sons of Union Veter-
    8  ans, Vietnam Veterans of America, [or] the  Eastern  Paralyzed  Veterans
    9  Association,  THE  SONS  OF  THE AMERICAN LEGION, OR THE AMERICAN LEGION
   10  AUXILIARY.  In the case of a chapter or lodge of a not-for-profit corpo-
   11  ration or a benevolent order qualifying as an organization described  in
   12  section  501(c)(8)  or  501(c)(10) of the United States internal revenue
   13  code, a member of another chapter or lodge of such not-for-profit corpo-
   14  ration or benevolent order who has in his or her possession an identifi-
   15  cation card or other proof of membership shall be deemed to be a member.
   16  A club and a luncheon club shall appoint an alcoholic  beverage  officer
   17  from  among its members who shall be responsible for filing all applica-
   18  tions and other documents required to be submitted to the authority. The
   19  person appointed alcoholic beverage officer shall be subject to approval
   20  by the authority.
   21    S 2. This act shall take effect immediately.