NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6769
SPONSOR: Stirpe TITLE OF BILL:
An act to amend the alcoholic beverage control law, in relation to
increasing the capacity needed to be considered a bottle club
PURPOSE OR GENERAL IDEA OF BILL:
This bill will increase the number of unlicensed, for-profit establish-
ments that will be able to provide their patrons the ability to bring
their own alcoholic beverage into such establishment.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Amends the Alcoholic Beverage Control Law by providing unli-
censed, for-profit establishments that have a capacity of 100 or more
persons as opposed to the current cap of 20 the ability to allow patrons
to bring alcohol and consume it on their premises.
Section 2. Effective date.
JUSTIFICATION:
The ability for individuals of lawful age to bring their own preferred
alcoholic beverages to establishments like restaurants is limited in New
York State to two categories: (1) where permitted by a licensed on-prem-
ises retailer, a patron may bring any alcoholic beverage allowed to be
sold under such license (e.g. bringing a bottle of wine to a restaurant
that is licensed to sell wine); and (2) where permitted by unlicensed,
for-profit establishments that have capacities of less than 20 persons..
This bill will increase the capacity from 20 to 100 or more persons for
establishments that fall into the latter category. Lastly, it should be
noted, this provision is permissive, not mandatory. In other words,
establishments will not be forced, to allow patrons the ability to bring
their own alcohol to the establishment.
LEGISLATIVE HISTORY:
2023: S.3485 - Referred to Commerce, Economic Development and Small
Business
2022: S.8991 - Referred to Commerce, Economic Development and Small
Business
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
6769
2023-2024 Regular Sessions
IN ASSEMBLY
May 8, 2023
___________
Introduced by M. of A. STIRPE -- read once and referred to the Committee
on Economic Development
AN ACT to amend the alcoholic beverage control law, in relation to
increasing the capacity needed to be considered a bottle club
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 64-b of the alcoholic beverage
2 control law, as amended by chapter 1043 of the laws of 1971, is amended
3 to read as follows:
4 1. It shall be unlawful for any person, partnership or corporation
5 operating a place for profit or pecuniary gain, with a capacity for the
6 assemblage of [twenty] one hundred or more persons to permit a person or
7 persons to come to the place of assembly for the purpose of consuming
8 alcoholic beverages on said premises, which alcoholic beverages are
9 either provided by the operator of the place of assembly, his agents,
10 servants or employees, or are brought onto said premises by the person
11 or persons assembling at such place, unless an appropriate license has
12 first been obtained from the state liquor authority by the operator of
13 said place of assembly. Nothing in this section shall be construed as
14 affecting the definition of place of assembly in this chapter or any
15 other law. Nothing contained herein shall prohibit or restrict the
16 leasing or use of such place of assemblage as defined herein by any
17 organization or club enumerated in subdivision seven hereof.
18 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07036-01-3
