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A03116 Summary:

BILL NOA03116
 
SAME ASNo Same As
 
SPONSORFahy
 
COSPNSRWoerner, Lupardo, Seawright, Burdick, Barrett, Burgos, McDonald, Quart, Mamdani
 
MLTSPNSR
 
 
Permits licensees under the alcoholic beverage control law to sell and deliver alcoholic beverages for off-premises consumption; and provides for the repeal of such provisions upon the expiration thereof.
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A03116 Actions:

BILL NOA03116
 
01/22/2021referred to economic development
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A03116 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3116           Revised 4/20/2021
 
SPONSOR: Fahy
  TITLE OF BILL: An act in relation to permitting licensees under the alcoholic beverage control law to sell and deliver alcoholic beverages for off-premises consumption; and providing for the repeal of such provisions upon the expiration thereof   SUMMARY OF PROVISIONS: This bill would allow, for two years after the expiration of the COVID19 state disaster emergency, any on-premises licensee and any manufacturing licensee with on-premises retail privileges to sell for off-premises consumption any alcoholic beverages that it is licensed to sell for on-premises consumption. The bill would require such beverages to be sold in closed/sealed containers, accompanied by the purchase of food, and comply with open container laws. It would allow such beverages to be sold via takeout or delivery, and provide certain specifications as to the type of vehicle that can be used for deliveries. The bill would require hours of takeout/delivery sales to be consistent with the County's required on-premises hours of operation or the hours of operation set forth in the licensee's method of operation with the SLA. To ensure community input, the bill would require the SLA to conduct regular outreach to municipalities and community boards to solicit comment and report to the Legislature and Governor within 6 months on the implementation of the act. The SLA would also be required to hold three hearings on the law between 4 months and 2 months before the law is set to expire - One in NYC, one- in Western NY, and one in the Capi- tal Region. The bill would also permit the SLA to suspend or revoke a licensee's ability to sell alcoholic beverages for off-premises consumption, after a hearing. Municipalities and community boards would be permitted to express an opinion for or against allowing the licensee to continue to do so.   JUSTIFICATION: New York's bars, restaurants, hotels, clubs, breweries, wineries, and other businesses that engage in the sale of alcohol have been devastated by the COVID-19 pandemic. According to a survey conducted by the New York City Hospitality Alliance, 87.196 of the 483 businesses surveyed could not pay their May rent, or only paid a portion of it. Social distancing restrictions and close-down orders have prohibited these businesses from offering dine-in service, forcing them to dras- tically reduce their workforce and exacerbating economic struggles for workers who were already more likely to face financial insecurity and lack of comprehensive health care and benefits than workers in most other industries. Many iconic establishments are in such dire financial circumstances that they may be forced to close forever. This would be a major, crushing loss for our state = these businesses help make New York a unique, exciting cultural destination unlike anywhere else on the planet-New York must provide creative solutions for these businesses to help them survive the pandemic and the resulting economic depression. Executive Order 202.3 allowed any retail on-premises licensee under the Alcoholic Beverage Control Law to sell any alcoholic beverages for off- premises consumption that the licensee is permitted to sell for on-prem- ises consumption. Given that consumers are likely to be cautious about being in crowded spaces for an. extended period of time, this bill would continue to grant this ability for two years after New York's COVID-19 state of emergency declaration expires. To ensure that local communi- ties are able to provide input on the implementation of the law, it would also require the SLA to regularly consult with municipalities and community boards to solicit their feedback, and to conduct public hear- ings across the state to solicit public comment about the effects of this new policy.   PRIOR LEGISLATIVE HISTORY: Al0550 od 2019-20   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: To be determined.   EFFECTIVE DATE: This act shall take effect immediately, and shall expire and be deemed repealed two years after the expiration of the state disaster emergency as such term is defined in section 20 of the executive law, declared pursuant to executive order 202 of 2020, as amended.
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A03116 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3116
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 22, 2021
                                       ___________
 
        Introduced  by M. of A. FAHY, WOERNER, LUPARDO -- read once and referred
          to the Committee on Economic Development
 
        AN ACT in relation to permitting licensees under the alcoholic  beverage
          control  law  to sell and deliver alcoholic beverages for off-premises
          consumption; and providing for the repeal of such provisions upon  the
          expiration thereof

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. a. Notwithstanding  any  other  provision  of  law  to  the
     2  contrary,  any  on-premises licensee and any manufacturing licensee with
     3  on-premises retail privileges that is licensed pursuant to the alcoholic
     4  beverage control law may sell for off-premises consumption any alcoholic
     5  beverages that it is licensed to sell for on-premises consumption.
     6    b. Alcoholic beverages sold for off-premises consumption  pursuant  to
     7  this section:
     8    (i)  may  be  sold  in any closed or any sealed container of any size,
     9  provided that the sale of each container shall  be  accompanied  by  the
    10  purchase  of  food,  and  provided  further that sales of such alcoholic
    11  beverages shall comply with any applicable municipal ordinances relating
    12  to open containers;
    13    (ii) may be sold for takeout from the licensed  premises,  or  may  be
    14  delivered  to  the  residence  of a customer over the age of twenty-one,
    15  provided that deliveries shall be made in a  vehicle  permitted  by  the
    16  liquor  authority  or in a vehicle owned and operated or hired and oper-
    17  ated by the licensee or its employee, and provided further that  a  copy
    18  of  the  permit  or license must be present in such vehicle while making
    19  deliveries; and
    20    (iii) may  only  be  sold  for  off-premises  consumption  during  the
    21  on-premises  hours  of  operation of the county in which the premises is
    22  located or, if different, the  hours  of  operation  set  forth  in  the
    23  licensee's method of operation with the liquor authority.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06514-01-1

        A. 3116                             2
 
     1    c.  The provisions of this section shall not be construed to modify or
     2  limit any off-premises  privileges  afforded  by  a  licensee's  current
     3  license.
     4    d.  The  liquor  authority  shall  conduct regular outreach to munici-
     5  palities and community boards to solicit comment regarding the implemen-
     6  tation of this act and the effects of this act on local communities. Not
     7  later than six months after the effective date of this act,  the  liquor
     8  authority shall report to the governor and the legislature on the imple-
     9  mentation of this act, including a summary of comments the authority has
    10  received from municipalities and community boards.
    11    e.  Not  sooner  than four months and not later than two months before
    12  this act shall expire and be deemed repealed, the liquor authority shall
    13  conduct at least three public hearings to solicit public comment on  the
    14  implementation of this act and the effects of this act on local communi-
    15  ties,  one  of  which  shall  take place in the City of New York, one of
    16  which shall take place in Western New York, and one of which shall  take
    17  place in the Capital Region.
    18    f.  Notwithstanding any inconsistent provision of law to the contrary,
    19  the liquor authority may on its own initiative or on  complaint  of  any
    20  person  institute  proceedings to suspend or revoke a licensee's ability
    21  to sell alcoholic beverages for  off-premises  consumption  pursuant  to
    22  this  act after a hearing at which the licensee shall be given an oppor-
    23  tunity to be heard. Such proceedings and such hearing shall be  held  in
    24  such  manner  and  upon such notice as may be prescribed by the rules of
    25  the liquor authority, provided that:
    26    (i) the liquor authority shall give written notice to the licensee and
    27  the municipality or community board at least fifteen days in advance  of
    28  such hearing; and
    29    (ii)  a  municipality or community board may express an opinion for or
    30  against allowing such licensee to continue to sell  alcoholic  beverages
    31  for  off-premises  consumption  pursuant  to  this act. Any such opinion
    32  shall be deemed part of the record upon which the liquor authority makes
    33  its determination pursuant to this subdivision.
    34    g. The liquor authority may promulgate rules and regulations to imple-
    35  ment the provisions of this act.
    36    § 2. This act shall take effect immediately, and shall expire  and  be
    37  deemed  repealed  two  years  after the expiration of the state disaster
    38  emergency, as such term is defined in section 20 of the  executive  law,
    39  declared pursuant to executive order 202 of 2020, as amended.
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