NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7492
SPONSOR: Walker TITLE OF BILL:
An act to amend chapter 238 of the laws of 2021 relating to permitting
the use of municipal space for outdoor dining, in relation to the defi-
nition of non-contiguous municipal public space
PURPOSE OR GENERAL IDEA OF BILL:
This legislation clarifies the meaning of thoroughfare within the quali-
fications comprising the definition of "non-contiguous municipal space".
To maintain the spirit and intent of Chapter 238 of 2021 and Chapter 165
of 2022, respectively, this bill identifies both a "pedestrian thorough-
fare" and a "thoroughfare primarily restricted to use by bicycles".
SUMMARY OF PROVISIONS:
Section 1 amends paragraph (iv) of subdivision (b) of section 2 of chap-
ter 238 of the laws of 2021 as amended by chapter 165 of the laws of
2022, by adding bike lanes or "thoroughfares primarily restricted to use
by bicycles".
Section 2 sets forth an immediate effective date with provisions.
JUSTIFICATION:
First authorized by Executive Order due to the COVID-19 Pandemic,
outdoor dining and beverage sales on non-contiguous municipal public
spaces have helped many food and beverage service establishments remain
open to their communities and keep employees paid. The purpose of New
York's outdoor dining laws was to allow, where safe and appropriate,
certain municipally owned property to be used by adjacent hospitality
establishments for outdoor sales and service. The laws allow some
liquor licenses to extend beyond the originally licensed premises as if
contiguous but for the presence of a sidewalk, bicycle lane or similar
thoroughfare not used for motorized traffic. This bill adds clarifying
language regarding bicycle lanes to ensure that the spirit and intent of
existing laws is maintained.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
7492
2023-2024 Regular Sessions
IN ASSEMBLY
May 25, 2023
___________
Introduced by M. of A. WALKER -- read once and referred to the Committee
on Economic Development
AN ACT to amend chapter 238 of the laws of 2021 relating to permitting
the use of municipal space for outdoor dining, in relation to the
definition of non-contiguous municipal public space
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (iv) of subdivision (b) of section 2 of chapter
2 238 of the laws of 2021 relating to permitting the use of municipal
3 space for outdoor dining, as amended by chapter 165 of the laws of 2022,
4 is amended to read as follows:
5 (iv) is separated from the licensed premises only by one or more of
6 the following: a pedestrian thoroughfare, a thoroughfare primarily
7 restricted to use by bicycles, or a portion of a thoroughfare with such
8 restrictions; and
9 § 2. This act shall take effect immediately; provided that the amend-
10 ments to chapter 238 of the laws of 2021 made by section one of this act
11 shall not affect the repeal of such chapter and shall be deemed repealed
12 therewith.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11315-03-3
