N.Y.
Alcoholic Beverage Control Law Section 111-A
Use of contiguous and non-contiguous municipal public space for on-premises alcoholic beverage sales by certain licensees
1.
The holder of a retail on-premises license issued pursuant to sections fifty-five, sixty-four, sixty-four-a, sixty-four-c, sixty-four-d, eighty-one, or eighty-one-a of this chapter or a manufacturing license that includes a privilege to sell and/or serve alcoholic beverages at retail for on-premises consumption on the licensed premises issued pursuant to section thirty, thirty-one, fifty-one, fifty-one-a, fifty-eight, fifty-eight-c, subdivision two-c of section sixty-one, section seventy-six, seventy-six-a, seventy-six-c, or seventy-six-d of this chapter may file an alteration application with the authority pursuant to subdivision one of § 99-D (Miscellaneous fees)section ninety-nine-d of this chapter for permission to add municipal public space that is either contiguous or non-contiguous to the licensed premises. Upon approval of such alteration application, such a licensee may exercise the privilege to sell and/or serve alcoholic beverages at retail for on-premises consumption on contiguous municipal public space or non-contiguous municipal public space provided:(a)
the municipality in which the licensed premises is located issues a permit or the responsible municipal regulatory body or agency issues written authorization to the licensee to sell and/or serve food on such contiguous municipal public space or non-contiguous municipal public space;(b)
the licensee submits to the liquor authority a copy of such municipal permit or other written authorization along with the alteration application;(c)
the licensee submits to the liquor authority a copy of the permit application submitted to the municipality to obtain the municipal permit or other written authorization from the municipality along with the alteration application;(d)
the licensee submits to the liquor authority a diagram depicting both the licensed premises and the contiguous municipal public space or non-contiguous municipal public space to be used by the licensee with the alteration application;(e)
the licensee submits to the liquor authority proof that it has provided community notification to the municipality, including municipalities outside the city of New York, in a manner consistent with or required by subdivision two of § 110-B (Notification to municipalities)section one hundred ten-b of this article as required for the city of New York;(f)
the licensee submits proof to the liquor authority that:(i)
such licensee has obtained workers’ compensation insurance for all employees, as required by the workers’ compensation law; and(ii)
such licensee has obtained general liability insurance to provide coverage against liability for injury sustained by persons on the contiguous municipal public space or non-contiguous municipal public space used by the licensee and, if applicable, persons and cyclists using or crossing a bike thoroughfare that connects the licensed premises to the non-contiguous municipal public space used by the licensee. The licensee shall maintain such general liability coverage during the term of its municipal permit or written authorization to use the contiguous municipal public space or non-contiguous municipal public space; and(g)
use of any such contiguous or non-contiguous municipal public space meets all applicable federal, state or local laws, rules, regulations, guidance, conditions or requirements.2.
For the purposes of this section:(a)
“non-contiguous municipal public space” shall mean space that:(i)
is located in front of, behind, or to the side of the licensed premises;(ii)
is within the property boundaries of the licensed premises as extended out; or within the property boundaries of the nearest adjacent properties on either side;(iii)
does not extend further than the midline of any public roadway;(iv)
is separated from the licensed premises only by one or more of the following: a pedestrian thoroughfare, a thoroughfare primarily restricted to use by bicycles, or a portion of a thoroughfare with such restrictions; and(v)
otherwise complies with all applicable federal, state and local requirements.(b)
“Contiguous municipal public space” shall mean space that:(i)
is located in front of, behind, or to the side of the licensed premises;(ii)
is within the property boundaries of the licensed premises as extended out; or within the property boundaries of the nearest adjacent properties on either side;(iii)
otherwise complies with all applicable federal, state and local requirements.3.
Licensees choosing to utilize non-contiguous municipal public space that includes a thoroughfare primarily restricted to use by bicycles, or a portion of a thoroughfare with such restrictions, shall post a sign or poster in said municipal outdoor space with conspicuous lettering in at least seventy-two point bold face font that states: “CAUTION: BICYCLE LANE” prior to and while utilizing any such municipal space for on-premises alcoholic beverage sales to patrons. Such licensees shall be solely responsible for production of and maintenance of such signage. Compliance by the licensee with the provisions of any local law requiring posting of warning signs regarding bicycle lanes enacted on or before the effective date of this section shall be deemed to be in compliance with the provisions of this section. Nothing contained herein, however, shall be deemed to exempt any licensee not otherwise subject to the provisions of any such local law from complying with the provisions of this section.4.
If at any time the municipality revokes, cancels or suspends or otherwise terminates the licensee’s authorization to use such contiguous municipal public space or non-contiguous municipal public space, the licensee shall immediately cease exercising the privilege to sell and/or serve alcoholic beverages at retail for consumption on such municipal public space. The licensee shall then file a new alteration application removing the municipal public space from its licensed premises. The failure to file a new alteration application with the authority within ten business days of the revocation, cancellation, suspension, or other termination by the local municipality of the licensee’s authorization to use such contiguous or non-contiguous municipal public space shall be cause for revocation, cancellation, suspension and/or imposition of a civil penalty against the license in accordance with § 118 (Revocation of licenses for cause)section one hundred eighteen of this article.5.
The authority may promulgate guidance, rules and/or regulations necessary to implement the provisions of this section. Notwithstanding existing provisions of this chapter, the authority is authorized to provide simplified applications and notification procedures for licensees seeking to utilize municipal space for on-premises alcoholic beverage sales whenever possible or appropriate. Nothing in this section shall prohibit the authority from requesting additional information from any applicant seeking to use new municipal space or renewal of existing municipal space.
Source:
Section 111-A — Use of contiguous and non-contiguous municipal public space for on-premises alcoholic beverage sales by certain licensees, https://www.nysenate.gov/legislation/laws/ABC/111-A (updated May 3, 2024; accessed May 11, 2024).
