NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9268A
SPONSOR: Benedetto TITLE OF BILL: An act to amend the alcoholic beverage control law, in
relation to authorizing the on premise sale of alcoholic beverages on
Sunday mornings
PURPOSE OR GENERAL IDEA OF BILL:
This legislation creates a new permit for the sale and consumption of
alcoholic beverages before noon on Sunday at locations previously
licensed to sell alcoholic beverages for on premise consumption.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill creates two new sections of alcoholic beverage
control law relating to Sunday morning sales, section 99-h and 99-i.
Section 2 of the bill creates new section 99-h annual permit to remain
open during certain hours of the morning.
Subdivision 1 of the new section 99-h permits a person that is currently
licensed to sell alcoholic beverages for consumption on premises to
apply for a new annual permit to remain open and serve alcohol between
the hours of 8:00 am and noon on Sunday.
Subdivision 2 of the new section 99-h establishes the fee for the annual
permit for the Sunday morning sales.
Subdivision 3 of the new section 99-h states that the annual permit and
exercise of the privileges shall be subject to such rules as the liquor
authority deems necessary.
Section 3 of the bill creates a new section 99-i special permit to
remain open during certain hours of the morning.
Subdivision 1 of the new section 99-I permits a person that is currently
licensed to sell alcoholic beverages for consumption on premises to
apply for a one-time Sunday permit to serve alcohol between the hours of
8:00 am and noon and establishes the fee for such permit.
Subdivision 2 states that the temporary permit and exercise of the priv-
ileges shall be subject to such rules as the liquor authority deems
necessary.
Section 4 provides that the bill shall be effective on the 30th day
after it shall become law.
JUSTIFICATION:
The current law prohibiting the sale of alcoholic beverages before noon
on Sunday is an anachronism harkening back to the days of the discredit-
ed "Blue Laws". This legislation represents a modest change to the
existing law and is reflective of current business customs and trends.
Subject to state liquor authority rules and regulations, the bill would
allow already licensed businesses to be open at their discretion.
The current law is difficult to enforce. Moreover, Sunday mornings have
become the time for special social and sporting events. Families and
friends gather frequently gather. The current law impedes the ability of
businesses that provide special event services, food services, sporting
and social event services and tourist services to provide a full array
of services. With the enactment of this bill, New York residents and
visitors to our State would be able to fully participate in Sunday morn-
ing events in the same manner as on any other day of the week.
Creating a new permit for Sunday morning sales on premises recognizes
the importance of the community input process in place when businesses
apply for their liquor licenses, and preserves that process for local
municipality and community comments when applying for the additional
Sunday morning hour permit. The New York State Liquor Authority would
have the ability to regulate the licenses of these locations as they do
with any other locations that currently serves alcohol for consumption
at legal hours on premise.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
Fees for applications would provide revenue for administrative services
and additional revenue to the state.
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.
STATE OF NEW YORK
________________________________________________________________________
9268--A
Cal. No. 555
IN ASSEMBLY
February 10, 2016
___________
Introduced by M. of A. BENEDETTO, MORELLE, GOTTFRIED -- read once and
referred to the Committee on Economic Development -- reported and
referred to the Committee on Codes -- reported from committee,
advanced to a third reading, amended and ordered reprinted, retaining
its place on the order of third reading
AN ACT to amend the alcoholic beverage control law, in relation to
authorizing the on premise sale of alcoholic beverages on Sunday morn-
ings
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (a) of subdivision 5 of section 106 of the alco-
2 holic beverage control law, as amended by chapter 83 of the laws of
3 1995, is amended to read as follows:
4 (a) Sunday, from four ante meridiem to twelve noon, except pursuant to
5 section ninety-nine-h or section ninety-nine-i of this chapter.
6 § 2. The alcoholic beverage control law is amended by adding a new
7 section 99-h to read as follows:
8 § 99-h. Annual permit to remain open during certain hours of the morn-
9 ing. 1. Any person licensed to sell alcoholic beverages for consumption
10 on the premises pursuant to this chapter or any applicant for an
11 original license to sell alcoholic beverages for consumption on the
12 premises pursuant to this chapter may apply to the liquor authority for
13 an annual permit to remain open on Sunday between the hours of eight
14 o'clock a.m. and noon. Any applicant for such an annual permit shall
15 provide notice to the local municipality of such application as provided
16 in section one hundred ten-b of this chapter.
17 2. The annual fee for such annual permit shall be two hundred fifty
18 dollars in the counties of New York, Kings, Bronx and Queens; one
19 hundred fifty dollars in the county of Richmond and in cities having a
20 population of more than one hundred thousand and less than one million;
21 one hundred dollars in cities having a population of more than fifty
22 thousand and less than one hundred thousand; and the sum of fifty
23 dollars elsewhere.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14032-02-6
A. 9268--A 2
1 3. Such annual permit and the exercise of the privileges granted ther-
2 eunder are subject to such rules as the liquor authority may deem neces-
3 sary.
4 § 3. The alcoholic beverage control law is amended by adding a new
5 section 99-i to read as follows:
6 § 99-i. Special permit to remain open during certain hours of the
7 morning. 1. Any person licensed to sell alcoholic beverages for consump-
8 tion on the premises pursuant to this chapter may apply to the liquor
9 authority for a special permit to remain open Sunday between the hours
10 of eight o'clock a.m. and noon. The fee for such permit shall be fifty
11 dollars per day.
12 2. Such permits and the exercise of the privileges granted thereunder
13 are subject to such rules as the liquor authority may deem necessary.
14 § 4. This act shall take effect on the thirtieth day after it shall
15 have become a law.
