N.Y. Alcoholic Beverage Control Law § 111-a: Use of contiguous and non-contiguous municipal public space for on-premises alcoholic beverage sales by certain licensees

§ 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 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 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 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.