STATE OF NEW YORK
________________________________________________________________________
1575
2019-2020 Regular Sessions
IN ASSEMBLY
January 15, 2019
___________
Introduced by M. of A. QUART -- read once and referred to the Committee
on Economic Development
AN ACT to amend the alcoholic beverage control law, in relation to
enacting the "New York beverage modernization act"; and to repeal
certain provisions 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. This act shall be known and may be cited as the "New York
2 beverage modernization act".
3 § 2. Paragraph (a) of subdivision 14 of section 105 of the alcoholic
4 beverage control law, as amended by section 1 of part U of chapter 63 of
5 the laws of 2003, is amended to read as follows:
6 (a) No premises licensed to sell liquor and/or wine for off-premises
7 consumption shall be permitted to remain open[:
8 (i) On Sunday before twelve o'clock post meridian and after nine
9 o'clock post meridian.
10 (ii) On] on any day between midnight and eight o'clock antemeridian.
11 [(iii) On the twenty-fifth day of December, known as Christmas day.]
12 In any community where daylight saving time is in effect, such time
13 shall be deemed the standard time for the purpose of this subdivision.
14 § 3. Section 105-a of the alcoholic beverage control law is REPEALED.
15 § 4. Subdivision 5 of section 106 of the alcoholic beverage control
16 law, as amended by chapter 83 of the laws of 1995, paragraph (a) as
17 amended by chapter 297 of the laws of 2016, is amended to read as
18 follows:
19 5. No alcoholic beverages shall be sold, offered for sale or given
20 away upon any premises licensed to sell alcoholic beverages at retail
21 for on-premises consumption[, during the following hours:
22 (a) Sunday, from four ante meridiem to ten 'o clock a.m., except
23 pursuant to a permit issued under section ninety-nine-h of this chapter.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01419-01-9
A. 1575 2
1 (b) On] on any [other] day between four ante meridiem and eight ante
2 meridiem.
3 Unless otherwise approved by the authority pursuant to subdivision
4 [eleven] nine of section seventeen of this chapter, where any rule has
5 been adopted in a county on or before April first, nineteen hundred
6 ninety-five, further restricting the hours of sale for alcoholic bever-
7 ages, such restricted hours shall be the hours, during which the sale of
8 alcoholic beverages at retail for on-premises consumption shall not be
9 permitted within such county.
10 Nor shall any person be permitted to consume any alcoholic beverages
11 upon any such premises later than one-half hour after the start of the
12 prohibited hours of sale provided for in this section.
13 § 5. Subdivision 6 of section 117-a of the alcoholic beverage control
14 law is REPEALED.
15 § 6. Subdivision 4 of section 130 of the alcoholic beverage control
16 law, as amended by chapter 186 of the laws of 1949, is amended to read
17 as follows:
18 4. In the city of New York, a summons shall be issued for a violation
19 of the provisions of subdivision fourteen of section one hundred [and]
20 five[, section one hundred and five-a] and subdivision five of section
21 one hundred [and] six of this chapter in the same manner as provided by
22 subdivision h of section one hundred [and] sixteen of the New York city
23 criminal courts act.
24 § 7. This act shall take effect on the ninetieth day after it shall
25 have become a law.