STATE OF NEW YORK
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6916--B
2019-2020 Regular Sessions
IN ASSEMBLY
March 27, 2019
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Introduced by M. of A. MAGNARELLI -- read once and referred to the
Committee on Economic Development -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- again reported from said committee with amendments, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the alcoholic beverage control law, in relation to the
sale of alcoholic beverages for consumption at the New York state
fair; and to repeal subdivision 9 of section 76 and subdivision 3 of
section 97 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. The alcoholic beverage control law is amended by adding a
2 new section 97-b to read as follows:
3 § 97-b. Sale of alcoholic beverages at the New York state fair. 1.
4 For purposes of this section, the New York state fair and New York state
5 fairgrounds shall have the same meaning and purpose as in article two-a
6 of the agriculture and markets law.
7 2. In addition to any license issued pursuant to section fifty-five,
8 sixty-four, sixty-four-a, sixty-four-c, sixty-four-d, eighty-one or
9 eighty-one-a of this chapter for a premises located upon the New York
10 state fairgrounds, the liquor authority is hereby authorized to issue a
11 temporary permit to the holder of a concessionaire's license issued by
12 the division of the New York state fair in the department of agriculture
13 and markets.
14 3. (a) Such permit shall allow for the sale of alcoholic beverages by
15 the permit holder for consumption upon the premises known as the New
16 York state fairgrounds during the annual New York state fair for the
17 calendar year such permit is issued.
18 (b) Such a permit shall also allow the holder thereof to store alco-
19 holic beverages upon the New York state fairgrounds, in areas designated
20 by the concessionaire's license, during the seven days immediately
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10870-04-9
A. 6916--B 2
1 preceding and the seven days immediately following the state fair for
2 which the permit has been issued.
3 (c) Such permit holder must display its permit at all locations as
4 authorized by the concessionaire's license and the authority.
5 4. The holder of an on-premises license issued for a premises located
6 upon the New York state fairgrounds may exercise the privileges of a
7 permit issued under this section without the need to obtain such permit.
8 Provided, however, that the licensee may only sell such alcoholic bever-
9 ages as may be sold under the terms of its license.
10 5. The holder of a manufacturing license issued pursuant to section
11 thirty-one, fifty-one, fifty-one-a, fifty-eight, fifty-eight-c, seven-
12 ty-six or seventy-six-a of this chapter or subdivision two-c of section
13 sixty-one of this chapter may exercise the privileges of a permit issued
14 under this section without need to obtain such permit. Provided, howev-
15 er, that the licensee: (a) holds a concessionaire's license issued by
16 the division of the New York state fair in the department of agriculture
17 and markets; and (b) may only sell such alcoholic beverages as may be
18 sold for on-premises consumption at its licensed premises under the
19 terms of its license.
20 6. The exercise of the privileges of a permit under this section shall
21 be subject to: (a) such rules of the liquor authority as it deems neces-
22 sary; and (b) the provisions of a concessionaire's agreement between the
23 permit holder or licensee and the division of the New York state fair in
24 the department of agriculture and markets.
25 7. The fee for such permit shall be two hundred sixty dollars.
26 § 2. Subdivision 9 of section 76 of the alcoholic beverage control law
27 is REPEALED.
28 § 3. Subdivision 3 of section 97 of the alcoholic beverage control law
29 is REPEALED.
30 § 4. This act shall take effect immediately.