Repeals restrictions on the location of licensed retail establishments

BILL NUMBER:S6968

Title of bill

An act to repeal subdivision 9 of section 106 of the alcoholic beverage control law, relating to restrictions on the location of licensed retail establishments

Purpose of the Bill:

This bill would amend the Alcoholic Beverage Control Law ("ABCL") to remove prohibition era ingress/egress restrictions as well as the ban on frosted or stained glass windows for on-premises wine and liquor licenses.

Summary of Provisions:

Section 1 of the bill would repeal ABCL § 106(9) to remove several ingress/egress restrictions as well as the ban on frosted or stained glass windows for full on-premises wine and liquor license applicants, thereby enabling the licensing of full on-premises wine and liquor licenses in multi-unit buildings.

Section 2 states that this act shall take effect immediately.

Existing Law:

Current ABCL § 106(9) sets forth several ingress/egress restrictions for full on-premises wine and liquor licenses that limit the types of buildings and locations where they can be located, as follows:

9. No restaurant and no premises licensed to sell liquors and/or wines for on-premises consumption under clause (a) of subdivision six of section sixty-four-a of this chapter shall be permitted to have any opening or means of entrance or passageway for persons or things between the licensed premises and any other room or place in the building containing the licensed premises, or any adjoining or abutting premises, unless such licensed premises are in a building used as a hotel and serves as a dining room for guests of such hotel, or unless such premises are a bona fide restaurant with such access for patrons and guests from any part of such building or adjoining or abutting premises as shall serve public convenience in a reasonable and suitable manner; or unless such licensed premises are in a building owned or operated by any county, town, city, village or public authority or agency, in a park or other similar place of public accommodation.

It also contains a prohibition era ban on glass in any window or door of full on-premises wine and liquor licenses that is opaque, colored, stained or frosted.

Prior Legislative History:

This is a new bill.

Statement in Support:

ABCL § 106(9) was enacted at the end of Prohibition in 1934 to help combat the proliferation of illegal clubs and speakeasies by requiring

licensed premises to have a clear view of the entire interior for easy monitoring by police and by barring interior access to other businesses or unmonitored ingress/egress by patrons. The SLA believes that ABCL § 106(9) no longer serves any useful purpose and recommends repeal of same in its entirety. This initiative would help encourage business opportunities by removing outdated, prohibition era location restrictions on restaurants and taverns - thereby enabling the licensing of full on-premises wine and liquor licenses in multi-unit buildings.

Budget Implications:

None.

Local Impact:

None.

Effective Date:

This bill would take effect immediately.