New York S 9405: Relates to outdoor alcohol service for certain special events

Bill Text

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S09405 Summary:

BILL NOS09405 

&nbsp

SAME ASSAME AS A10339

&nbsp

SPONSORSKOUFIS

&nbsp

COSPNSR

&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 S09405 Actions:

BILL NOS09405 

&nbsp

03/10/2026REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Go to topS09405 Committee&nbspVotes:

Go to topS09405 Floor&nbspVotes:

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

Go to topS09405 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9405

 IN SENATE

 March 10, 2026
 ___________

 Introduced by Sen. SKOUFIS -- read twice and ordered printed, and when
 printed to be committed to the Committee on Investigations and Govern-
 ment Operations

 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;

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

 S. 9405 2

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