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Who cares
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Sponsors
Senator · Senate District 59
1 Co-sponsor
History
- Referred to commerce, economic development and small business
- Referred to commerce, economic development and small business
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S353
Title of bill
An act to amend the alcoholic beverage control law, in relation to special license to sell liquor at retail for consumption on the premises
Purpose
To remove redundant language from section 64-a of the Alcohol Beverage Control Law that a licensed premises shall comply with all regulations of the local department of health.
Summary of provisions
Section one eliminates redundant language from section 64-a of the Alcohol Beverage Control Law that a licensed premises shall comply with all regulations of the local department of health. Section two of this bill provides an immediate effective date.
Existing law
Language in section 64-a requires all licensees under the section to operate in compliance with the health code.
Justification
No such language appears in any other section of the ABC law. It's inclusion in the law is most likely because, when written, 64-a provided the opportunity for on-premise consumption of alcohol with limited food service for the first time and at that time legislators felt that it was important to indicate the health code would be applicable. Today it is well established that all on premise licensees must comply with the health code, and such compliance is enforced by departments of health. However, operators licensed pursuant to section 64-a are cited for health code violations by the SLA as a result of the current language. It is not the proper purview of the SLA to be enforcing local health codes, such enforcement should be left to the departments of health, as it currently is for operators licensed pursuant to sections 64, 64-b, 64-c, and 64-d.
Legislative history
New bill.
Fiscal implications
None.
Local fiscal implications
None.
Effective date
Immediate.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.