Requires the state liquor authority to determine the safety of a venue prior to approving certain permits; requires state liquor authority to consult with the department of environmental conservation and local police and fire departments to determine the safety of a venue prior to issuing a caterer's permit.
STATE OF NEW YORK
________________________________________________________________________
2704
2019-2020 Regular Sessions
IN ASSEMBLY
January 25, 2019
___________
Introduced by M. of A. LENTOL -- read once and referred to the Committee
on Economic Development
AN ACT to amend the alcoholic beverage control law, in relation to
requiring the state liquor authority to determine the safety of a
venue prior to approving certain permits
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 98 of the alcoholic beverage
2 control law, as amended by section 21 of part Z of chapter 85 of the
3 laws of 2002, is amended to read as follows:
4 1. a. The liquor authority is hereby authorized to issue to caterers
5 and other persons furnishing provisions and service for use at a partic-
6 ular function, occasion or event in a hotel, restaurant, club, ballroom
7 or other premises a temporary indoor permit effective for a period not
8 to exceed twenty-four consecutive hours, which shall authorize the
9 service of alcoholic beverages at such function, occasion or event with-
10 in the hours, fixed by or pursuant to subdivision five of section one
11 hundred six of this chapter, during which alcoholic beverages may
12 lawfully be sold or served upon premises licensed to sell alcoholic
13 beverages at retail for on-premises consumption in the community in
14 which is located the premises in which such function, occasion or event
15 is held. The fee therefor shall be thirty-eight dollars. Such a permit
16 and the exercise of the privilege granted thereby may be subjected to
17 such rules by the liquor authority as it deems necessary and such rules
18 as are in conformity with the provisions of subdivision two of this
19 section. Such a permit may also be issued for functions, occasions or
20 events at premises for which a summer license has been previously issued
21 pursuant to this chapter.
22 b. Notwithstanding any other provision of law to the contrary, an
23 applicant shall not be issued a permit pursuant to this subdivision
24 unless (i) such applicant demonstrates that the owner of the premises
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04643-01-9
A. 2704 2
1 where such function, occasion or event shall be held approves of the use
2 of the premises for such function, occasion or event and (ii) the liquor
3 authority determines that the premises where such function, occasion or
4 event shall be held would not endanger public safety. Such a determi-
5 nation shall be made by the liquor authority after consultation with:
6 (A) the department of environmental conservation to determine the
7 premises is not an environmental hazard, including whether such premises
8 is a superfund site placed on the United States environmental protection
9 agency's national priority list;
10 (B) the local fire department to determine the premises meets safety
11 standards including that such premises is equipped with emergency or
12 fire exits, fire alarms and sprinklers; and
13 (C) the local police department to determine the security or public
14 order measures necessary to ensure such function, occasion or event is
15 not a detriment to the community or the surrounding neighborhood.
16 § 2. This act shall take effect on the one hundred eightieth day after
17 it shall have become a law; provided, however, effective immediately,
18 the addition, amendment and/or repeal of any rule or regulation neces-
19 sary for the implementation of this act on its effective date are
20 authorized to be made and completed on or before such effective date.
