STATE OF NEW YORK
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4667--A
2011-2012 Regular Sessions
IN ASSEMBLY
February 4, 2011
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Introduced by M. of A. MILLMAN -- read once and referred to the Commit-
tee on Economic Development -- 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 roof-
top bars
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 99-h to read as follows:
3 § 99-h. Rear yard and rooftop permit in cities with a population of
4 one million or more. 1. For purposes of this section, the following
5 definitions shall apply:
6 (a) "Rear yard" shall mean the space in the rear of a building which
7 is within five hundred feet of property zoned for residential use;
8 (b) "Rooftop" shall mean the exterior surface at the top of a building
9 no fewer than ten stories above any residential housing.
10 2. Notwithstanding any other provision of this chapter, beginning
11 January first, two thousand twelve, licensees within a city with a popu-
12 lation of one million or more shall require a rear yard and rooftop
13 permit to serve alcohol to patrons in a rear yard or on a rooftop.
14 3. No permit shall be granted for the consumption of alcohol in a rear
15 yard or rooftop, unless:
16 (a) the licensee only provides waiter or waitress service to patrons
17 seated at tables in such areas;
18 (b) no amplified music shall be played in such areas and windows and
19 doors to areas in which amplified music is played shall remain closed;
20 (c) an applicant for a rear yard and rooftop permit submits a plan to
21 the authority with a drawing done to scale showing the size of the rear
22 yard or rooftop, its proximity to neighboring buildings, the placement
23 of tables and chairs, the applicant's plan for lighting, and the place-
24 ment of fire escapes, ladders and doors to adjoining places of refuge.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08304-02-1
A. 4667--A 2
1 4. The community board where the applicant is located may express an
2 opinion for or against the granting of such permit. Any such opinion
3 shall be deemed part of the record upon which the liquor board makes its
4 determination to grant or deny such license.
5 5. All rear yard or rooftop spaces must be closed and vacated by elev-
6 en in the evening on Sunday, Monday, Tuesday, Wednesday and Thursday,
7 and twelve in the evening on Friday and Saturday, unless the community
8 board where the establishment is located shall approve an extended clos-
9 ing time.
10 6. The commissioner, with the consultation of the community board of a
11 city with a population of one million or more, shall establish such
12 rules, regulations, terms and conditions in respect to the granting and
13 issuance of such permit, which shall have the force and effect of law.
14 § 2. This act shall take effect immediately.
