Establishes that an applicant for a license or permit shall not be deemed to lack control of the premises if a portion of public sidewalk or roadway controlled by such applicant is divided by a different portion of the public sidewalk reserved as a public right of way.
STATE OF NEW YORK
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7486
2021-2022 Regular Sessions
IN ASSEMBLY
May 11, 2021
___________
Introduced by M. of A. O'DONNELL -- read once and referred to the
Committee on Economic Development
AN ACT to amend the alcoholic beverage control law, in relation to
establishing that an applicant for a license or permit shall not be
deemed to lack control of the premises under certain circumstances
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (g) of subdivision 1 of section 110 of the alco-
2 holic beverage control law, as amended by chapter 196 of the laws of
3 2011 and as relettered by chapter 188 of the laws of 2013, is amended to
4 read as follows:
5 (g) A statement that the applicant has control of the premises to be
6 licensed by ownership of a fee interest or via a leasehold, management
7 agreement, or other agreement giving the applicant control over the food
8 and beverage at the premises, with a term at least as long as the
9 license for which the application is being made, or by a binding
10 contract to acquire the same and a statement of identity under paragraph
11 (a) of this subdivision for the lessor of any leasehold, manager of any
12 management agreement, or other agreement giving the applicant control
13 over the food and beverage at the premises, with a copy of the lease,
14 contract, management agreement, or other agreement giving the applicant
15 control over the food and beverage at the premises, or deed evidencing
16 fee ownership of the premises. Notwithstanding the foregoing, if a muni-
17 cipality has given an applicant exclusive control of a portion of the
18 public sidewalk or roadway owned by such municipality, an applicant
19 shall not be deemed to lack control of the premises if access to such
20 portion of such public sidewalk or roadway is divided by a different
21 portion of the public sidewalk reserved as a public right of way.
22 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11048-01-1
