S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6353--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 23, 2021
                                ___________
 
 Introduced  by  Sen. PERSAUD -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment  Operations  --  committee  discharged,  bill  amended,   ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT in relation to permitting the use of municipal space for outdoor
   dining; and providing for the repeal of such provisions upon the expi-
   ration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative  intent. The intent of this act is to provide
 relief to retail licensees for on-premises consumption or  manufacturers
 with  retail  on-premises  consumption privileges as provided for in the
 alcoholic beverage control law in relation  to  permitting  the  use  of
 municipal space for outdoor dining.
   §  2.  Notwithstanding any provision of the alcoholic beverage control
 law to the contrary:
   a. For the purposes of subdivision 1 of section 99-d, paragraph (g) of
 subdivision 1 of section 110, or any other applicable provisions of  the
 alcoholic  beverage  control  law,  a  temporary  use permit issued to a
 licensee by a municipality authorizing the use of municipal property for
 the operation of a licensed premises shall demonstrate control  of  such
 municipal property for the purposes of this act. For the purpose of this
 act  "licensee" shall have the same meaning as defined in subdivision 18
 of section 3 of the alcoholic beverage control law.
   b. A licensee issued a retail license for on-premises  consumption  or
 manufacturers with retail on-premises consumption privileges as provided
 for  in  the  alcoholic  beverage  control law and licensed by the state
 liquor authority (referred to hereinafter as the "authority"), may  make
 an application to the authority and in accordance with their license and
 approval  by the authority, to use both contiguous space as provided for
 in section 99-d of the alcoholic beverage control law and non-contiguous

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11048-02-1

 S. 6353--A                          2
 
 municipal space for outdoor dining.   For  the  purposes  of  this  act,
 "non-contiguous  space" shall mean space that is: (i) in close proximity
 and in-line-of-sight to the licensed premises; (ii) not wider  than  the
 edges  of  the  licensed premises, unless the municipality has expressly
 approved otherwise, and extending no further than the centerline of  the
 roadway; and (iii) provides a thoroughfare for pedestrian, customer, and
 employee  access.    As  a  condition of such approval, the applicant is
 required to demonstrate:
   (i) use of any such space meets all applicable federal, state or local
 laws, rules, regulations, guidances, conditions or requirements; and
   (ii) receipt of a current temporary use permit issued by  the  munici-
 pality if any such space would utilize municipal property.
   c.  All new applicants for use of non-contiguous municipal space shall
 provide community notification  to  a  municipality,  including  munici-
 palities  outside  the  city of New York, in a manner consistent with or
 required by subdivision 2 of section 110-b  of  the  alcoholic  beverage
 control law as required for the city of New York.
   d. For the purposes of this section, the authority shall allow, pursu-
 ant  to this act, those licensees currently using such space as provided
 under a pre-existing authorization to continue  to  use  such  municipal
 space,  unless  the municipality revokes the permit, the applicant seeks
 to change its municipal temporary use permit for such outdoor space,  or
 a licensee seeks a renewal of such municipal space.
   e.  The  authority  may,  on its own initiative or on complaint of any
 person or community board as established pursuant to section 2800 of the
 New York city charter, to institute proceedings to suspend or  revoke  a
 licensee's  ability  and  privilege  to use contiguous or non-contiguous
 space pursuant to this act after a hearing, in accordance  with  section
 119  of the alcoholic beverage control law, at which such licensee shall
 be given an opportunity to be heard.  Such proceedings and such  hearing
 shall  be  held in such manner and upon such notice as may be prescribed
 by the rules of the authority. The authority shall  notify  the  munici-
 pality  of  any  suspension or revocation of a licensee's ability to use
 such space.
   f. The authority shall promulgate guidance, rules  and/or  regulations
 necessary  to  implement  the  provisions  of this act in an expeditious
 manner. Notwithstanding existing provisions of  the  alcoholic  beverage
 control  law, the authority is authorized to provide simplified applica-
 tions and notification procedures for applicants whenever possible. At a
 minimum new applicants or applicants for renewal of municipal contiguous
 and non-contiguous outdoor space shall  provide  the  authority  with  a
 diagram  of  the  outdoor  space  as  well as a brief description of the
 outdoor space intended to be used.  Nothing in this act  shall  prohibit
 the  authority from requesting additional information from any applicant
 seeking to use new municipal space  or  renewal  of  existing  municipal
 space.
   §  3.  This  act shall take effect immediately and shall expire and be
 deemed repealed one year after it shall have become a law.