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S02321 Text:

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

                                        2321--A
           Cal. No. 155

                              2013-2014 Regular Sessions

                                   I N  S E N A T E

                                   January 16, 2013
                                      ___________

       Introduced  by  Sens.  KLEIN, GALLIVAN, SAVINO -- read twice and ordered
         printed, and when printed to be committed to the Committee on Investi-
         gations and Government Operations  --  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
         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

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05643-03-3
       S. 2321--A                          2

    1  policy]  THESE POLICIES in the public interest. [The restrictions, regu-
    2  lations and provisions contained in this  chapter  are  enacted  by  the
    3  legislature for the protection, health, welfare and safety of the people
    4  of the state.]
    5    S 2. This act shall take effect on the one hundred eightieth day after
    6  it shall have become a law.
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