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A02745 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        2745--A

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                   January 17, 2013
                                      ___________

       Introduced  by M. of A. GABRYSZAK, SALADINO -- read once and referred to
         the Committee on Economic Development -- reported and referred to  the
         Committee  on  Ways  and  Means -- committee discharged, bill amended,
         ordered reprinted as amended and recommitted to said committee

       AN ACT to amend the alcoholic beverage control law, in relation  to  the
         state policy with regard to alcoholic beverages

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. Section 2 of the alcoholic beverage control law, as amended
    2  by chapter 111 of the laws of 1978, is amended to read as follows:
    3    S 2. Policy of state and purpose of chapter.  It is hereby declared as
    4  the policy of the state that it is necessary to regulate and control the
    5  manufacture, sale and distribution within the state of alcoholic  bever-
    6  ages  for  the  purpose  of  fostering and promoting temperance in their
    7  consumption and respect for and obedience to  law[.];  FOR  THE  PRIMARY
    8  PURPOSE OF PROMOTING THE HEALTH, WELFARE AND SAFETY OF THE PEOPLE OF THE
    9  STATE,  PROMOTING  TEMPERANCE IN THE CONSUMPTION OF ALCOHOLIC BEVERAGES;
   10  AND, TO THE EXTENT POSSIBLE, SUPPORTING ECONOMIC  GROWTH,  JOB  DEVELOP-
   11  MENT,  AND  THE STATE'S ALCOHOLIC BEVERAGE PRODUCTION INDUSTRIES AND ITS
   12  TOURISM AND RECREATION INDUSTRY; AND WHICH PROMOTES THE CONSERVATION AND
   13  ENHANCEMENT OF STATE AGRICULTURAL LANDS; PROVIDED THAT  SUCH  ACTIVITIES
   14  DO  NOT CONFLICT WITH THE PRIMARY REGULATORY OBJECTIVES OF THIS CHAPTER.
   15  It is hereby declared that such [policy] POLICIES will best  be  carried
   16  out by empowering the liquor authority of the state to determine whether
   17  public  convenience  and  advantage  will be promoted by the issuance of
   18  licenses to traffic in alcoholic beverages, the increase or decrease  in
   19  the  number  thereof  and  the  location  of  premises licensed thereby,
   20  subject only to the right of judicial review [hereinafter] provided  for
   21  IN  THIS  CHAPTER.  It is the purpose of this chapter to carry out [that
   22  policy] THESE POLICIES in the public interest. [The restrictions,  regu-
   23  lations  and  provisions  contained  in  this chapter are enacted by the

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05643-02-3
       A. 2745--A                          2

    1  legislature for the protection, health, welfare and safety of the people
    2  of the state.]
    3    S 2. This act shall take effect on the one hundred eightieth day after
    4  it shall have become a law.
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