2023 New York Laws › ABC - Alcoholic Beverage Control › Article 8 - General Provisions › 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.