Bill Text: NY S09464 | 2023-2024 | General Assembly | Introduced

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Bill Title: Authorizes private membership establishments to have certain licenses for sale of alcohol for consumption on premises; establishes a private membership establishment must include one hundred or more members.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2024-06-05 - referred to economic development [S09464 Detail]

Download: New_York-2023-S09464-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9464

                    IN SENATE

                                      May 15, 2024
                                       ___________

        Introduced  by Sen. GIANARIS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Investigations and Govern-
          ment Operations

        AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
          authorizing private membership establishments to have certain licenses
          for sale of alcohol

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

     1    Section 1. Section 3 of the alcoholic beverage control law is  amended
     2  by adding a new subdivision 39 to read as follows:
     3    39. "Private membership establishment" shall mean an association oper-
     4  ated  by  an individual, corporation, partnership, company, or any other
     5  for-profit entity which is the owner, lessee, or occupant of a  premises
     6  used  exclusively for such association's purposes, and which is operated
     7  solely for  a  recreational,  social,  communal  workspace  or  athletic
     8  purposes.  A "member" of a private membership establishment shall mean a
     9  person who, whether a charter member or admitted in agreement  with  the
    10  by-laws of such private membership establishment, has become a bona fide
    11  member  thereof,  who maintains the private membership by the payment of
    12  their annual dues in a bona fide manner in accordance with  the  by-laws
    13  and  whose name and address is entered on such private membership estab-
    14  lishment's list of members. A private membership establishment must have
    15  one hundred or more members and shall be subject to  the  provisions  of
    16  section  one  hundred ten of this chapter. Private membership establish-
    17  ments may have ticketed events for their members or members' guests, but
    18  a business or facility that sells tickets to the  general  public  shall
    19  not be considered a private membership establishment.
    20    §  2.  Subdivision  5  of section 64 of the alcoholic beverage control
    21  law, as amended by chapter 258 of the laws of 1976, is amended  to  read
    22  as follows:
    23    5.  No  retail  license under this section shall be granted except for
    24  such premises as are being conducted as a bona fide hotel provided  that
    25  a  restaurant  is operated in such premises, restaurant, catering estab-
    26  lishment, club, private membership establishment, railroad  car,  vessel

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15608-01-4
        S. 9464                             2

     1  or  aircraft  being  operated on regularly scheduled flights by a United
     2  States certificated airline.
     3    §  3.  Subdivision  8 of section 106 of the alcoholic beverage control
     4  law is amended to read as follows:
     5    8. A  private  membership  establishment,  club  or  a  luncheon  club
     6  licensed  to  sell alcoholic beverages for on-premises consumption shall
     7  be permitted to sell such beverages only to its  members  and  to  their
     8  guests accompanying them.
     9    § 4. This act shall take effect immediately.