STATE OF NEW YORK
________________________________________________________________________
6709
2011-2012 Regular Sessions
IN ASSEMBLY
March 25, 2011
___________
Introduced by M. of A. TENNEY -- read once and referred to the Committee
on Economic Development
AN ACT to amend the alcoholic beverage control law, in relation to
including the Sons of the American Legion and the American Legion
Auxiliary as a club
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 9 of section 3 of the alcoholic beverage
2 control law, as amended by chapter 575 of the laws of 2005, is amended
3 to read as follows:
4 9. "Club" shall mean an organization of persons incorporated pursuant
5 to the provisions of the not-for-profit corporation law or the benevo-
6 lent orders law, which is the owner, lessee or occupant of a building
7 used exclusively for club purposes, and which does not traffic in alco-
8 holic beverages for profit and is operated solely for a recreational,
9 social, patriotic, political, benevolent or athletic purpose but not for
10 pecuniary gain; except that where such club is located in an office or
11 business building, or state armory, it may be licensed as such provided
12 it otherwise qualifies as a "club" within the meaning of this subdivi-
13 sion. A "luncheon club" shall mean a club which is open only on week
14 days during the hours between eleven o'clock in the morning and three
15 o'clock in the afternoon. A "member" of a club shall mean a person who
16 whether a charter member or admitted in agreement with the by-laws of
17 the club, has become a bona fide member thereof, who maintains his or
18 her membership by the payment of his or her annual dues in a bona fide
19 manner in accordance with the by-laws and whose name and address is
20 entered on the list of members; or in the case of a veterans club where
21 a person has in his or her possession an identification card indicating
22 his or her membership in the national veterans' organization with which
23 the club at which he or she is present is affiliated. For the purposes
24 of this section a veterans club shall include but not be limited to the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07793-01-1
A. 6709 2
1 Grand Army of the Republic, the United Spanish War Veterans, the Veter-
2 ans of Foreign Wars, the Jewish War Veterans of the United States, Inc.,
3 the Catholic War Veterans, Inc., the Italian American War Veterans of
4 the United States, Incorporated, the Polish Legion of American Veterans,
5 Inc., the Marine Corps League, the Military Order of the Purple Heart,
6 Inc., the American Legion, the Disabled American Veterans, AMVETS, Amer-
7 ican Veterans of World War II, Masonic War Veterans of the State of New
8 York, Inc., Veterans of World War I of the United States of America
9 Department of New York, Inc., China-Burma-India Veterans Association,
10 Inc., Polish-American Veterans of World War II, the Sons of Union Veter-
11 ans, Vietnam Veterans of America, [or] the Eastern Paralyzed Veterans
12 Association, the Sons of the American Legion or the American Legion
13 Auxiliary. In the case of a chapter or lodge of a not-for-profit corpo-
14 ration or a benevolent order qualifying as an organization described in
15 section 501(c)(8) or 501(c)(10) of the United States internal revenue
16 code, a member of another chapter or lodge of such not-for-profit corpo-
17 ration or benevolent order who has in his or her possession an identifi-
18 cation card or other proof of membership shall be deemed to be a member.
19 A club and a luncheon club shall appoint an alcoholic beverage officer
20 from among its members who shall be responsible for filing all applica-
21 tions and other documents required to be submitted to the authority. The
22 person appointed alcoholic beverage officer shall be subject to approval
23 by the authority.
24 § 2. This act shall take effect immediately.
