Permits a retail tobacco business licensed to sell liquor on the premises to allow smoking in the same area where the liquor is sold when: (a) the sale of alcoholic beverages for on-premise consumption does not exceed 10% of the receipts of the business; (b) the business was in existence prior to 1947; and (c) the smoking area is not open to the general public and is used exclusively by members and guests of a club sponsored by the retail tobacco business.
STATE OF NEW YORK
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6179
2009-2010 Regular Sessions
IN SENATE
September 21, 2009
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Introduced by Sen. KLEIN -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the alcoholic beverage control law, in relation to
permitting a retail tobacco business licensed to sell liquor on the
premises to allow smoking in the same area where the liquor is sold
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 64 of the alcoholic beverage control law is amended
2 by adding a new subdivision 10 to read as follows:
3 10. Notwithstanding any other law, rule or regulation, such premises
4 that is within the definition of a retail tobacco business, as defined
5 in section thirteen hundred ninety-nine-n of the public health law, may
6 hold a license to sell liquor at retail for consumption on the premises
7 and serve food in compliance with such license as long as the following
8 conditions are met to the satisfaction of the authority: (a) the sale of
9 liquor or other alcoholic beverages for on-premises consumption at such
10 retail tobacco business shall not exceed ten percent of the receipts of
11 the retail sale of tobacco products and accessories at such premises;
12 (b) only a retail tobacco business, or the successor to such business,
13 that was in existence prior to nineteen hundred forty-seven may apply
14 for such a license to simultaneously sell liquor at retail for on-prem-
15 ises consumption; and (c) such smoking area that is the premises for
16 on-premises consumption of liquor shall not be open to the general
17 public and must be exclusively used only by members and guests of such
18 members of a club associated with and sponsored by such retail tobacco
19 business. Such club may also conduct lectures, seminars, and special
20 events for its members on such premises. Such application shall be in
21 such form and shall contain such information as shall be required by the
22 authority and shall be accompanied by a check or draft in the amount
23 required by this article for such license. This subdivision shall super-
24 sede the provisions of section thirteen hundred ninety-nine-r of the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14275-01-9
S. 6179 2
1 public health law with respect to any regulations or local laws adopted
2 by a city with a population of one million or more and shall permit such
3 retail tobacco business to have a license to sell liquor or other alco-
4 holic beverages for on-premises consumption, serve food in compliance
5 with such license, and to smoke in such indoor areas open to the public.
6 § 2. This act shall take effect on the ninetieth day after it shall
7 have become a law. The state liquor authority shall be authorized to
8 promulgate rules and regulations prior to such effective date to imple-
9 ment the provisions of this act.
