NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8617A
SPONSOR: Morelle TITLE OF BILL: An act to amend the alcoholic beverage control law, in
relation to authorizing the on premise sale of alcoholic beverages on
Sunday mornings
PURPOSE OR GENERAL IDEA OF BILL:
This legislation creates a new permit for the sale and consumption of
alcoholic beverages before noon on Sunday at locations previously
licensed to sell alcoholic beverages for on premise consumption.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill creates two new sections of alcoholic beverage
control law relating to Sunday morning sales, section 99-h and 99-i.
Section 2 of the bill creates new section 99-h annual permit to remain
open during certain hours of the morning.
Subdivision 1 of the new section 99-h permits a person that is currently
licensed to sell alcoholic beverages for consumption on premises to
apply for a new annual permit to remain open and serve alcohol between
the hours of 8:00 am and noon on Sunday.
Subdivision 2 of the new section 99-h establishes the fee for the annual
permit for the Sunday morning sales.
Subdivision 3 of the new section 99-h states that the annual permit and
exercise of the privileges shall be subject to such rules as the liquor
authority deems necessary.
Section 3 of the bill creates a new section 99-i special permit to
remain open during certain hours of the morning.
Subdivision 1 of the new section 99-I permits a person that is currently
licensed to sell alcoholic beverages for consumption on premises to
apply for a one-time Sunday permit to serve alcohol between the hours of
8:00 am and noon and establishes the fee for such permit.
Subdivision 2 states that the temporary permit and exercise of the priv-
ileges shall be subject to such rules as the liquor authority deems
necessary.
Section 4 provides that the bill shall be effective on the 30th day
after it shall become law.
JUSTIFICATION:
The current law prohibiting the sale of alcoholic beverages before noon
on Sunday is an anachronism harkening back to the days of the discredit-
ed "Blue Laws". This legislation represents a modest change to the
existing law and is reflective of current business customs and trends.
Subject to state liquor authority rules and regulations, the bill would
allow already licensed businesses to be open at their discretion.
The current law is difficult to enforce. Moreover, Sunday mornings have
become the time for special social and sporting events. Families and
friends gather frequently gather. The current law impedes the ability of
businesses that provide special event services, food services, sporting
and social event services and tourist services to provide a full array
of services. With the enactment of this bill, New York residents and
visitors to our State would be able to fully participate in Sunday morn-
ing events in the same manner as on any other day of the week.
Creating a new permit for Sunday morning sales on premises recognizes
the importance of the community input process in place when businesses
apply for their liquor licenses, and preserves that process for local
municipality and community comments when applying for the additional
Sunday morning hour permit. The New York State Liquor Authority would
have the ability to regulate the licenses of these locations as they do
with any other locations that currently serves alcohol for consumption
at legal hours on premise.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
Fees for applications would provide revenue for administrative services
and additional revenue to the state.
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.
