What's happening
This bill allows patrons to remove and consume open alcoholic beverages within designated leisure and recreation districts established by local governments.
Why it matters
Empowers Local Control. The bill allows each municipality to decide whether and where to establish "leisure and recreation districts," giving local governments significant flexibility to tailor alcohol rules to their community’s needs and preferences.
Potential for Economic Boost. By allowing open-container alcohol within these districts, the law could encourage foot traffic and business for restaurants, bars, and event venues, fostering more vibrant downtowns and public spaces.
Maintains Public Safety Boundaries. The bill requires that alcohol consumed under these rules must remain within the designated district; patrons removing drinks from the district face civil penalties, aiming to limit public disturbance and underage access outside controlled areas.
Clarifies Off-Premises Sales Exception. The legislation makes clear that traditional off-premises sales (e.g., sealed containers from liquor stores) are unaffected, preventing confusion between open-container allowances and standard alcohol retail.
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Who cares
Headline styles
Allow Alcohol To-Go Zones
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 55
History
- Referred to economic development
- Delivered to assembly
- Passed senateVote 53–5
- Advanced to third reading
- 2nd report cal.
- 1st report cal.431
- Referred to investigations and government operations
- Returned to senate
- Died in assembly
- Referred to economic development
- Delivered to assembly
- Passed senateVote 61–1
Show 5 earlier actions
- Amended on third reading (t) 4592a
- Advanced to third reading
- 2nd report cal.
- 1st report cal.400
- Referred to investigations and government operations
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Allow Drinks To-Go Zones
In Assembly Committee · Economic Development · Sponsor Donna Lupardo
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4592--A Cal. No. 400
2017-2018 Regular Sessions
IN SENATE
February 21, 2017
Introduced by Sens. FUNKE, AKSHAR, GRIFFO, HELMING, RANZENHOFER, RITCHIE, SAVINO -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading
AN ACT to amend the alcoholic beverage control law and the general municipal law, in relation to allowing patrons to remove alcohol from a licensed premises in a leisure and recreation district
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 106 of the alcoholic beverage control law is amended by adding a new subdivision 18 to read as follows:
18. Removal of alcohol from a licensed premises in a leisure and recreation district. Notwithstanding any law, rule, or regulation to the contrary, any holder of a license to sell alcoholic beverages issued under sections fifty-one, fifty-one-a, fifty-five, fifty-eight, fiftyeight-a, sixty-one, sixty-four, sixty-four-a, sixty-four-c, sixty-four-d, seventy-six, seventy-six-a, seventy-six-c, seventy-six-d, eighty-one and eighty-one-a of this chapter or a permit issued under sections ninety-seven, ninety-seven-a and ninety-eight of this chapter may sell or otherwise provide alcoholic beverages to a patron of the license holder in the manner authorized in the license and the patron may remove an open glass, cup or other container of the beer, cider, liquor; or wine from the licensed premises and may possess and consume the beer, cider, liquor, or wine outside of the licensed premises if: (a) the licensed premises is located within a leisure and recreation district and (b) the patron remains in possession of the beer, cider, liquor, or wine within the boundaries of the leisure and recreation district in which they obtained the beverage. Nothing contained in this
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06659-04-7
S. 4592--A 2
section shall restrict the privileges for a licensee or permittee to sell beer for consumption off-premises.
§ 2. Section 3 of the alcoholic beverage control law is amended by adding a new subdivision 16 to read as follows:
16. "Leisure and recreation district" shall mean an area officially designated by local law of the governing body of a municipality as a leisure and recreation district.
§ 3. The general municipal law is amended by adding a new section 72-s to read as follows:
§ 72-s. Designation of leisure and recreation districts. Subject to the provisions of this section, the governing body of a municipality, as defined in subdivision three of section two hundred thirty-nine-b of this chapter, may establish by local law one or more leisure and recreation districts within the corporate boundaries of the municipality and designate the geographic area or areas to be included within the district. The governing body of a municipality, by local law may modify the boundaries of a leisure and recreation district. The governing body of a municipality shall provide that individuals possessing alcoholic beverages within the leisure and recreation district may not remove them from the leisure and recreation district and shall be subject to a civil penalty if they remove alcoholic beverages from the leisure and recreation district unless such beverages were purchased for off-premises consumption.
§ 4. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the alcoholic beverage control law and the general municipal law, in relation to allowing patrons to remove alcohol from a licensed premises in a leisure and recreation district
Purpose
Relates to allowing patrons to remove alcohol from a licensed premises in a leisure and recreation district
Summary of specific provisions
Section one: amends the alcoholic beverage control law adding a new Subdivision 18 to section 106 to allow the governing body of a municipality to establish a local law to designate the geographic area or areas to create a leisure and recreation district
Section two: amends the alcoholic beverage control law by adding a new subdivision 16 to define "leisure and recreation district"
Section three: amends the general municipal law by adding a new section 72-s to designate leisure and recreation districts
Section four: sets forth the effective date
Justification
This bill would allow municipalities to create "recreation districts" by local law, designating specific geographic areas that would be a part of the leisure/recreation district allowing patrons the freedom to move through with their alcoholic beverage, leaving a licensed or permitted premise. This could be used on a limited basis for a festival where only certain participants would have a liquor license or permit, but patrons would be able to travel freely with their alcoholic beverage between locations within the designated recreation district. A municipality could designate a geographic area to be a part of a recreation district all year-long if they feel it would benefit citizens, tourism and promote local businesses. There are parts of New York state which would benefit greatly from this change in policy, encouraging visitors to specific areas to walk around and participate in a multitude of activities while enjoying their beverage.
Prior legislative history
New Bill
Fiscal implications
None
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.