Bill Text: NY S04812 | 2019-2020 | General Assembly | Amended

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Bill Title: Relates to the sale of alcoholic beverages for consumption at the New York state fair.

Spectrum: Bipartisan Bill

Status: (Passed) 2019-08-16 - SIGNED CHAP.174 [S04812 Detail]

Download: New_York-2019-S04812-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         4812--B
            Cal. No. 652

                               2019-2020 Regular Sessions

                    IN SENATE

                                     March 26, 2019
                                       ___________

        Introduced  by  Sens.  MAY, ANTONACCI -- read twice and ordered printed,
          and when printed to be committed to the  Committee  on  Investigations
          and  Government  Operations  --  committee  discharged,  bill amended,
          ordered reprinted as amended and  recommitted  to  said  committee  --
          reported  favorably  from  said committee, ordered to first and second
          report, ordered to a third reading,  amended  and  ordered  reprinted,
          retaining its place in the order of third reading

        AN  ACT  to amend the alcoholic beverage control law, in relation to the
          sale of alcoholic beverages for consumption  at  the  New  York  state
          fair;  and  to repeal subdivision 9 of section 76 and subdivision 3 of
          section 97 of such law relating thereto

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The alcoholic beverage control law is amended by adding a
     2  new section 97-b to read as follows:
     3    § 97-b. Sale of alcoholic beverages at the New York state  fair.    1.
     4  For purposes of this section, the New York state fair and New York state
     5  fairgrounds  shall have the same meaning and purpose as in article two-a
     6  of the agriculture and markets law.
     7    2. In addition to any license issued pursuant to  section  fifty-five,
     8  sixty-four,  sixty-four-a,  sixty-four-c,  sixty-four-d,  eighty-one  or
     9  eighty-one-a of this chapter for a premises located upon  the  New  York
    10  state  fairgrounds, the liquor authority is hereby authorized to issue a
    11  temporary permit to the holder of a concessionaire's license  issued  by
    12  the division of the New York state fair in the department of agriculture
    13  and markets.
    14    3.  (a) Such permit shall allow for the sale of alcoholic beverages by
    15  the permit holder for consumption upon the premises  known  as  the  New
    16  York  state  fairgrounds  during  the annual New York state fair for the
    17  calendar year such permit is issued.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10858-03-9
        S. 4812--B                          2

     1    (b) Such a permit shall also allow the holder thereof to  store  alco-
     2  holic beverages upon the New York state fairgrounds, in areas designated
     3  by  the  concessionaire's  license,  during  the  seven days immediately
     4  preceding and the seven days immediately following the  state  fair  for
     5  which the permit has been issued.
     6    (c)  Such  permit  holder  must display its permit at all locations as
     7  authorized by the concessionaire's license and the authority.
     8    4. The holder of an on-premises license issued for a premises  located
     9  upon  the  New  York  state fairgrounds may exercise the privileges of a
    10  permit issued under this section without the need to obtain such permit.
    11  Provided, however, that the licensee may only sell such alcoholic bever-
    12  ages as may be sold under the terms of its license.
    13    5. The holder of a manufacturing license issued  pursuant  to  section
    14  thirty-one,  fifty-one,  fifty-one-a, fifty-eight, fifty-eight-c, seven-
    15  ty-six or seventy-six-a of this chapter or subdivision two-c of  section
    16  sixty-one of this chapter may exercise the privileges of a permit issued
    17  under  this section without need to obtain such permit. Provided, howev-
    18  er, that the licensee: (a) holds a concessionaire's  license  issued  by
    19  the division of the New York state fair in the department of agriculture
    20  and  markets;  and  (b) may only sell such alcoholic beverages as may be
    21  sold for on-premises consumption at  its  licensed  premises  under  the
    22  terms of its license.
    23    6. The exercise of the privileges of a permit under this section shall
    24  be subject to: (a) such rules of the liquor authority as it deems neces-
    25  sary; and (b) the provisions of a concessionaire's agreement between the
    26  permit holder or licensee and the division of the New York state fair in
    27  the department of agriculture and markets.
    28    7. The fee for such permit shall be two hundred sixty dollars.
    29    § 2. Subdivision 9 of section 76 of the alcoholic beverage control law
    30  is REPEALED.
    31    § 3. Subdivision 3 of section 97 of the alcoholic beverage control law
    32  is REPEALED.
    33    § 4. This act shall take effect immediately.