New York A 10339: Relates to outdoor alcohol service for certain special events

Bill Text

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A10339 Summary:

BILL NOA10339 

&nbsp

SAME ASSAME AS S09405

&nbsp

SPONSORSimone

&nbsp

COSPNSRSeawright, Hyndman, Carroll R, Shimsky, Levenberg

&nbsp

MLTSPNSR

&nbsp

Add §97-e, ABC L

&nbsp

Authorizes the liquor authority to permit outdoor alcohol service for certain special events occurring in June and July, 2026.

Go to top A10339 Actions:

BILL NOA10339 

&nbsp

02/24/2026referred to economic development

Go to topA10339 Committee&nbspVotes:

Go to topA10339 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA10339 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 10339

 IN ASSEMBLY

 February 24, 2026
 ___________

 Introduced by M. of A. SIMONE, SEAWRIGHT, HYNDMAN -- read once and
 referred to the Committee on Economic Development

 AN ACT to amend the alcoholic beverage control law, in relation to
 outdoor alcohol service for certain special events; and providing for
 the repeal of certain provisions upon the expiration thereof

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The alcoholic beverage control law is amended by adding a
 2 new section 97-e to read as follows:
 3 § 97-e. Outdoor alcohol service; special event. 1. Notwithstanding any
 4 provisions of section one hundred eleven-a of this chapter, or any other
 5 inconsistent provisions of law, rule or regulation:
 6 (a) Subject to paragraph (d) of this subdivision and subdivision five
 7 of this section, a city, town or county may request, and the board may
 8 approve, expanded outdoor alcohol service for licensees within the whole
 9 city, town, county, or within a specific area or areas of the city,
 10 town, county, or as provided in paragraphs (b) and (c) of this subdivi-
 11 sion for a period beginning June first, two thousand twenty-six and
 12 ending July thirty-first, two thousand twenty-six.
 13 (b) For licensees identified in paragraph (c) of this subdivision who
 14 have requested approval from and been authorized by the board to conduct
 15 outdoor alcohol service, and who are located within an area of a city,
 16 town, or county that has been approved by the board for expanded outdoor
 17 alcohol service, the following authorizations and requirements apply:
 18 (i) all outdoor alcohol service areas may be enclosed, at the
 19 licensee's discretion, by means of a permanent or movable barrier or by
 20 means of a permanent fence-free demarcation;
 21 (ii) for an outdoor alcohol service area enclosed by means of a perma-
 22 nent or movable barrier of a minimum height specified by the board, the
 23 permanent or movable barrier is not required to meet minimum height
 24 requirements on sloped site conditions;
 25 (iii) the openings into and out of an outdoor alcohol service area may
 26 be up to a maximum distance apart as determined appropriate by the
 27 applicable city, town, or county;

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD14840-01-6

 A. 10339 2

 1 (iv) licensees may share use of an outdoor alcohol service area with
 2 other licensees and licensees may share use of an outdoor alcohol
 3 service area with businesses that do not engage in the sale or service
 4 of alcohol, subject to requirements of the board. All participating
 5 licensees are jointly responsible for any violation or enforcement
 6 issues unless it can be demonstrated that the violation or enforcement
 7 issue was due to one or more licensee's specific conduct or action, in
 8 which case the violation or enforcement applies only to those identified
 9 licensees; and
 10 (v) an employee of the licensee must be assigned to, but is not
 11 required to be in, the outdoor alcohol service area at all times that
 12 patrons are present. A direct line of sight is not required from inside
 13 the licensed premises to the outdoor alcohol service area.
 14 (c) The authorization in this section is available to the holder of a
 15 retail on-premises license issued pursuant to sections fifty-five,
 16 sixty-four, sixty-four-a, sixty-four-c, sixty-four-d, eighty-one, or
 17 eighty-one-a of this chapter or a manufacturing license that includes a
 18 privilege to sell and/or serve alcoholic be