Relates to the issuance of a temporary carnival license; authorizes the liquor authority to issue temporary permits for a period not to exceed eighteen days to authorize the sale of beer and wine at festivals, carnivals, events, functions, gatherings or occasions within the hours fixed by or pursuant to subdivision five of section one hundred six of the alcoholic beverage control law, during which alcoholic beverages may lawfully be sold or served upon premises licensed to sell alcoholic beverages at retail for on-premises consumption in the community in which is located the premises in which such festival, carnival, event, function, gathering or occasion is held; provides that the fee for such permit shall be one hundred dollars.
STATE OF NEW YORK
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8252
IN SENATE
June 17, 2010
___________
Introduced by Sen. PARKER -- 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 the
issuance of temporary carnival licenses; and providing for the repeal
of such provisions upon expiration thereof
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. Temporary carnival license. 1. The liquor authority is hereby
4 authorized to issue temporary permits for a period not to exceed eigh-
5 teen days to authorize the sale of beer and wine at associated events
6 leading up to festivals, carnivals and parades within the hours fixed by
7 or pursuant to subdivision five of section one hundred six of this chap-
8 ter, provided, however, the duration of the temporary carnival license
9 shall be measured over a period of six consecutive weeks, during which
10 such temporary carnival license shall only be valid on Friday, Saturday,
11 and Sunday of each week. The fee for such permit shall be one hundred
12 dollars. Such permit and the exercise of the privilege granted thereby
13 shall be subject to such rules of the liquor authority as it deems
14 necessary.
15 2. Such rules shall include procedures for revocation of a permit
16 based on complaints from a governmental agency, local police, or civic
17 association, and shall be developed in consultation with local communi-
18 ties, carnival associations and may include conditions specific to a
19 borough, county, or community board in the city of New York.
20 3. The liquor authority is hereby authorized to issue such temporary
21 permits to groups or organizations who are registered as festival,
22 carnival or parade participants or designated or acknowledged by the
23 prime sponsor of such festival, carnival or parade. The official prime
24 sponsor shall be the entity holding the permit or official documentation
25 authorizing such festival, carnival or parade.
26 § 2. This act shall take effect on the forty-fifth day after it shall
27 have become a law and shall expire five years after such effective date
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01814-01-9
S. 8252 2
1 when upon such date the provisions of this act shall be deemed repealed;
2 provided, however, that effective immediately the liquor authority is
3 hereby authorized to promulgate rules and regulations for the purpose of
4 implementing the provisions of this act on or before such effective
5 date.
