S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3616
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   February 7, 2013
                                      ___________
       Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
         when printed to be committed to the Committee  on  Investigations  and
         Government Operations
       AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
         removing the street level entrance requirement for licenses for  sell-
         ing alcohol at retail for consumption off the premises
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 2 of section  105  of  the  alcoholic  beverage
    2  control  law,  as amended by chapter 536 of the laws of 1966, is amended
    3  to read as follows:
    4    2. No premises shall be licensed  to  sell  liquors  and/or  wines  at
    5  retail  for  off  premises  consumption,  unless  said premises shall be
    6  located in a store[, the principal entrance to which shall be  from  the
    7  street level and] located on a public thoroughfare in premises which may
    8  be occupied, operated or conducted for business, trade or industry or on
    9  an  arcade  or  sub-surface thoroughfare leading to a railroad terminal.
   10  There may be not more than one additional entrance which shall be  [from
   11  the  street level and] located on and giving access to and from a public
   12  or private parking lot or parking area having space for  not  less  than
   13  five automobiles.
   14    S 2. This act shall take effect on the one hundred twentieth day after
   15  it  shall have become a law. Effective immediately, the addition, amend-
   16  ment and/or repeal of any rules or regulations necessary for the  imple-
   17  mentation  of this act on its effective date is authorized to be made on
   18  or before such date.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08468-01-3