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A05360 Summary:

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A05360 Floor Votes:

A05360 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5360
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 25, 2013
                                       ___________
 
        Introduced  by M. of A. MAGEE, McLAUGHLIN -- Multi-Sponsored by -- M. of
          A. CLARK, P. LOPEZ -- read once and referred to the Committee on Agri-
          culture
 
        AN ACT to amend the agriculture and markets law and  the  not-for-profit
          corporation law, in relation to licensure of exhibits or entertainment
          on fair grounds
 

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 290 of the agriculture and markets law  is  amended
     2  to read as follows:
     3    § 290. Association  of farmers; powers of. Any association of farmers,
     4  residing in any neighborhood, town or county  in  this  state,  now,  or
     5  hereafter  to  be organized, and acting under a constitution and by-laws
     6  adopted by themselves for their guidance, which shall be  filed  in  the
     7  clerk's  office  of  such  town or county and which are not inconsistent
     8  with the laws of this state, is hereby authorized to lease and  maintain
     9  grounds  and  structures  for the exhibition and sale of the products of
    10  their farms or their skill, and for the instruction  and  recreation  of
    11  its  members  and visitors. Any such association shall have authority to

    12  let, for rent, locations on their leased grounds to exhibitions,  enter-
    13  tainments,  shopmen and persons wishing to furnish suitable refreshments
    14  for victualing members and visitors or for storage of personal  property
    15  when  property  is  available  for such activity; to license peddlers to
    16  sell on their grounds articles of merchandise, not forbidden to be  sold
    17  by any law of this state without license from the state; and in the name
    18  of  such  association and upon the action and direction of its officers,
    19  to sue for and collect the stipulated sums of such rentals and licenses,
    20  and to enforce the observance  of  its  rules  and  regulations  by  the
    21  several  members  of  its  association.  And  such association is hereby
    22  empowered to issue certificates  of  indebtedness  in  amounts  of  five

    23  dollars  each,  providing that the whole amount shall not exceed the sum
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05849-01-3
        A. 5360                             2
 
     1  of one thousand dollars, which they may sell at a price  not  below  the
     2  par  value thereof, for the purpose of raising money for the erection of
     3  buildings, or for such other improvements as may be deemed necessary  by
     4  a majority of the members of such association.
     5    §  2.  Paragraph (k) of section 1409 of the not-for-profit corporation
     6  law is amended to read as follows:
     7    (k) Exhibitions and entertainments on fair grounds to be  exempt  from
     8  license.

     9    The  provisions  of  any  special or local law or municipal ordinance,
    10  requiring the payment of a license fee for exhibitions or entertainments
    11  or requiring that an approval be  obtained  from  any  local  government
    12  except an approval required to protect the safety, health and well-being
    13  of  persons,  shall not apply to any exhibition or entertainment held on
    14  the grounds of a town or county corporation whether or  not  the  corpo-
    15  ration  derives a pecuniary profit from such exhibition or entertainment
    16  by the lease of its grounds for such purpose and the provisions  of  any
    17  special  or  local  law or municipal ordinance shall not be construed or
    18  applied to unreasonably prohibit or restrict any agricultural or  horti-
    19  cultural  corporation  receiving reimbursement pursuant to article twen-

    20  ty-four of the  agriculture  and  markets  law  from  the  construction,
    21  improvement,  renovation, relocation or demolition of all or any of such
    22  agricultural or horticultural corporation grounds, buildings and facili-
    23  ties.
    24    § 3. This act shall take effect immediately.