Sunday, April 14, 2013

still no bar, distillery or food at Nassau OTB

Carle Place Branch. We need a distillery and bar and a bit of food. Customers are hungry and thirsty.
 
 

A02745 Summary:

BILL NO    A02745 

SAME AS    SAME AS S02321

SPONSOR    Gabryszak (MS)

COSPNSR    Saladino

MLTSPNSR   

Amd S2, ABC L

Provides that the state policy with regard to the alcoholic beverage control
law shall be to promote economic development and job opportunities in the beer,
wine and liquor industries of the state.
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A02745 Actions:

BILL NO    A02745 

01/17/2013 referred to economic development
02/28/2013 reported referred to ways and means
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A02745 Votes:

There are no votes for this bill in this legislative session.
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A02745 Memo:

BILL NUMBER:A2745

TITLE OF BILL:  An act to amend the alcoholic beverage control law, in
relation to the state policy with regard to alcoholic beverages

PURPOSE:    This bill updates the overall "policy of state and purpose
of chapter" that is the articulated state public policy and purpose of
the Alcoholic Beverage Control Law. This New  York  State  policy  was
first  articulated  by  the New York State Legislature when it adopted
the first Alcoholic Beverage Control Law after the repeal of the  18th
Amendment  (Prohibition)  to  the  United States Constitution in 1933.
While this provision has not been  amended  since  1934,  the  nature,
kinds and environment on the consumption and use patterns of alcoholic
beverages  has  changed significantly since 1934 as it relates to such
beverages, manufacture, distribution, sale and consumption. This  bill
idea comes from the recommendations of the NYS Law Revision Commission
which  issued  a  report on the Alcoholic Beverage Control Law and its
Administration, dated December 15, 2009.

SUMMARY OF PROVISIONS:

Section 1: Amends Alcoholic Beverage Control Law section 2 "Policy  of
state  and  purpose  of chapter". This amendment adds to the policy of
the  State  Liquor  Authority  to  also  consider  supporting,   where
possible, the economic development and job opportunities of this State
when  making decisions related to regulating alcoholic beverages. This
new  policy  consideration  of  supporting  economic  growth  and  job
development,  would  be in addition to, but subservient to the already
articulated public  policy  to  control  the  manufacture,  sale,  and
distribution  of  alcoholic  beverages  in  this  State  to foster and
promote temperance in  the  consumption  of  alcoholic  beverages  and
respect   for  and  obedience  to  the  law.  The  kinds  of  economic
development  that  can  be  supported  relate  to  alcoholic  beverage
production,  tourism  & recreation industries, and actions which could
promote the conservation & enhancement  of  the  state's  agricultural
lands.

EXISTING  LAW:   Under current law, the State Liquor Authority, in its
activities, is to consider the control of the manufacture and sale  of
alcoholic beverages without any consideration to the economic benefits
that  are  derived  from  promoting  activities  that  relate  to  the
manufacture of beer, wine and liquors.

JUSTIFICATION:  The overall environment in which the regulation of the
manufacture, sales and consumption of alcoholic beverages has  changed
greatly  since  the  public policy statement contained in section 2 of
the Alcoholic Beverage Control Law was first adopted in  1933.  Since,
1933,  the  Great Depression is over, the Allied Forces won the Second
World War, and the Cold War is now over. Further, consumer preferences
and  consumption  patterns  for  alcoholic  beverages   have   changed
significantly  since  the  policy statement contained in Section 2 was
adopted 79 years ago.

It is now time to modernize the over arching stated policy with regard
to regulating the manufacture, distribution, sale and  consumption  of
alcoholic  beverages  so that it better reflects the economic benefits
that can be derived to the  State  of  New  York  by  encouraging  the


production   of   quality   beer,  wine,  and  spirits.  Further,  the
appropriate regulation of such beverages can help to promote  economic
development  and  job  creation.  Expanding production facilities that
manufacture  beer, wine, and liquor in this State can help to increase
manufacturing  employment  and   the   demand   for   state   produced
agricultural crops, preserve working farms & open spaces, and minimize
future  real  property  tax  increases.  In  addition, such a shift in
policy could help to support  prudent  avenues  to  increase  economic
opportunities   related   to   the   State's  tourism  and  recreation
industries.

This bill will give regulators the tools that they  need  to  consider
the  economic development and job opportunities that can be created by
promoting the prudent expansion of the manufacture of beer, wines, and
liquors, and other ancillary  activities  that  can  help  to  promote
tourism and recreational activities.

LEGISLATIVE  HISTORY:   Similar to 2008: A. 10314 Referred to Economic
Development 2010:  A.6814  Referred  to  Investigations  &  Government
Operations 2012: A.2412B

FISCAL IMPLICATIONS: None.

LOCAL FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:  180 days after it shall have become law.
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A02745 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         2745

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                   January 17, 2013
                                      ___________

       Introduced  by M. of A. GABRYSZAK, SALADINO -- read once and referred to
         the Committee on Economic Development

       AN ACT to amend the alcoholic beverage control law, in relation  to  the
         state policy with regard to alcoholic beverages

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. Section 2 of the alcoholic beverage control law, as amended
    2  by chapter 111 of the laws of 1978, is amended to read as follows:
    3    S 2. Policy of state and purpose of chapter.  It is hereby declared as
    4  the policy of the state that it is necessary to regulate and control the
    5  manufacture, sale and distribution within the state of alcoholic  bever-
    6  ages  for  the  purpose  of  fostering and promoting temperance in their
    7  consumption and respect for and obedience to law.  THIS CHAPTER SHALL BE
    8  DEEMED AN EXERCISE OF THE POLICE POWER OF THE  STATE,  FOR  THE  PRIMARY
    9  PURPOSE OF PROMOTING THE HEALTH, WELFARE AND SAFETY OF THE PEOPLE OF THE
   10  STATE,  PROMOTING  TEMPERANCE IN THE CONSUMPTION OF ALCOHOLIC BEVERAGES;
   11  AND, TO THE EXTENT POSSIBLE, SUPPORTING ECONOMIC  GROWTH,  JOB  DEVELOP-
   12  MENT,  AND  THE STATE'S ALCOHOLIC BEVERAGE PRODUCTION INDUSTRIES AND ITS
   13  TOURISM AND RECREATION INDUSTRY; AND WHICH PROMOTES THE CONSERVATION AND
   14  ENHANCEMENT OF STATE AGRICULTURAL LANDS; PROVIDED THAT  SUCH  ACTIVITIES
   15  DO  NOT CONFLICT WITH THE PRIMARY REGULATORY OBJECTIVES OF THIS CHAPTER.
   16  It is hereby declared that such [policy] POLICIES will best  be  carried
   17  out by empowering the liquor authority of the state to determine whether
   18  public  convenience  and  advantage  will be promoted by the issuance of
   19  licenses to traffic in alcoholic beverages, the increase or decrease  in
   20  the  number  thereof  and  the  location  of  premises licensed thereby,
   21  subject only to the right of judicial review [hereinafter] provided  for
   22  IN  THIS  CHAPTER.  It is the purpose of this chapter to carry out [that
   23  policy] THESE POLICIES in the public interest. [The restrictions,  regu-
   24  lations  and  provisions  contained  in  this chapter are enacted by the

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05643-01-3
       A. 2745                             2

    1  legislature for the protection, health, welfare and safety of the people
    2  of the state.]
    3    S 2. This act shall take effect on the one hundred eightieth day after
    4  it shall have become a law.
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