NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6916B
SPONSOR: Magnarelli TITLE OF BILL: 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 subdivi-
sion 3 of section 97 of such law relating thereto
PURPOSE:
The purpose of the bill is to amend the Alcoholic Beverage Control Law
(ABC Law) to facilitate the permitting process for New York State Fair
concessionaires by authorizing the State Liquor Authority to issue a
temporary permit for the sale of alcoholic beverages for consumption on
the premises of the New York state fairgrounds, to the holders of a
concessionaire's license issued by the Division of the New York State
Fair in the Department of Agriculture and Markets.
SUMMARY OF PROVISIONS:
Section 1 of the bill adds a new section97-b to the ABC Law.
Section 2 repeals ABC Law section 76(9).
Section 3 repeals ABC Law section 97(3).
Section 4 would provide for an immediate effective date.
JUSTIFICATION:
Existing provisions of the ABC Law Sections 76(9) and 97(3) allow the
holders of New York State Fair ("Fair") concessionaires' licenses to
sell wine, as well as New York State wine and beer, at the Fair but
require separate permits. Under this proposal, concessionaire permit
holders that already hold on-premises retail licenses from the SLA at
the New York State fairgrounds would no longer need an additional permit
from the SLA to sell their alcoholic beverages to patrons for consump-
tion anywhere on the fairgrounds. The proposal would allow concessio-
naires to sell any type of alcoholic beverage at the Fair upon obtaining
a permit from the SLA. The proposal would also authorize the holders of
an on-premises license issued for a premises located at the Fair, as
well as the holders of manufacturing licenses, to enjoy the privileges
of the State Fair permit without the need to obtain and pay for such
permit.
The Fair gets many questions about ABC Law licensing; and reports that
vendors are often confused about which license to apply for. The
proposal would be very helpful for the Fair as well as its vendors;
since it would streamline and simplify ABC Law permits for use at the
Fair.
The Fair has approximately 30 vendors selling alcohol. The proposal
would not only make it easier for these vendors to obtain the ABC Law
permits they need; it would allow vendors to sell the full range of
alcoholic beverages, including beer, wine, cider and distilled spirits.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
6916--B
2019-2020 Regular Sessions
IN ASSEMBLY
March 27, 2019
___________
Introduced by M. of A. MAGNARELLI -- read once and referred to the
Committee on Economic Development -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- again reported from said committee with amendments, ordered
reprinted as amended and recommitted to said committee
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.
18 (b) Such a permit shall also allow the holder thereof to store alco-
19 holic beverages upon the New York state fairgrounds, in areas designated
20 by the concessionaire's license, during the seven days immediately
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10870-04-9
A. 6916--B 2
1 preceding and the seven days immediately following the state fair for
2 which the permit has been issued.
3 (c) Such permit holder must display its permit at all locations as
4 authorized by the concessionaire's license and the authority.
5 4. The holder of an on-premises license issued for a premises located
6 upon the New York state fairgrounds may exercise the privileges of a
7 permit issued under this section without the need to obtain such permit.
8 Provided, however, that the licensee may only sell such alcoholic bever-
9 ages as may be sold under the terms of its license.
10 5. The holder of a manufacturing license issued pursuant to section
11 thirty-one, fifty-one, fifty-one-a, fifty-eight, fifty-eight-c, seven-
12 ty-six or seventy-six-a of this chapter or subdivision two-c of section
13 sixty-one of this chapter may exercise the privileges of a permit issued
14 under this section without need to obtain such permit. Provided, howev-
15 er, that the licensee: (a) holds a concessionaire's license issued by
16 the division of the New York state fair in the department of agriculture
17 and markets; and (b) may only sell such alcoholic beverages as may be
18 sold for on-premises consumption at its licensed premises under the
19 terms of its license.
20 6. The exercise of the privileges of a permit under this section shall
21 be subject to: (a) such rules of the liquor authority as it deems neces-
22 sary; and (b) the provisions of a concessionaire's agreement between the
23 permit holder or licensee and the division of the New York state fair in
24 the department of agriculture and markets.
25 7. The fee for such permit shall be two hundred sixty dollars.
26 § 2. Subdivision 9 of section 76 of the alcoholic beverage control law
27 is REPEALED.
28 § 3. Subdivision 3 of section 97 of the alcoholic beverage control law
29 is REPEALED.
30 § 4. This act shall take effect immediately.
