§ 111-a. Use of contiguous and non-contiguous municipal public space\nfor on-premises alcoholic beverage sales by certain licensees.
1.The\nholder of a retail on-premises license issued pursuant to sections\nfifty-five, sixty-four, sixty-four-a, sixty-four-c, sixty-four-d,\neighty-one, or eighty-one-a of this chapter or a manufacturing license\nthat includes a privilege to sell and/or serve alcoholic beverages at\nretail for on-premises consumption on the licensed premises issued\npursuant to section thirty, thirty-one, fifty-one, fifty-one-a,\nfifty-eight, fifty-eight-c, subdivision two-c of section sixty-one,\nsection seventy-six, seventy-six-a, seventy-six-c, or seventy-six-d of\nthis chapter may file an alteration application with the authority\npursuant to subdivision one of sectio
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§ 111-a. Use of contiguous and non-contiguous municipal public space\nfor on-premises alcoholic beverage sales by certain licensees. 1. The\nholder of a retail on-premises license issued pursuant to sections\nfifty-five, sixty-four, sixty-four-a, sixty-four-c, sixty-four-d,\neighty-one, or eighty-one-a of this chapter or a manufacturing license\nthat includes a privilege to sell and/or serve alcoholic beverages at\nretail for on-premises consumption on the licensed premises issued\npursuant to section thirty, thirty-one, fifty-one, fifty-one-a,\nfifty-eight, fifty-eight-c, subdivision two-c of section sixty-one,\nsection seventy-six, seventy-six-a, seventy-six-c, or seventy-six-d of\nthis chapter may file an alteration application with the authority\npursuant to subdivision one of section ninety-nine-d of this chapter for\npermission to add municipal public space that is either contiguous or\nnon-contiguous to the licensed premises. Upon approval of such\nalteration application, such a licensee may exercise the privilege to\nsell and/or serve alcoholic beverages at retail for on-premises\nconsumption on contiguous municipal public space or non-contiguous\nmunicipal public space provided:\n (a) the municipality in which the licensed premises is located issues\na permit or the responsible municipal regulatory body or agency issues\nwritten authorization to the licensee to sell and/or serve food on such\ncontiguous municipal public space or non-contiguous municipal public\nspace;\n (b) the licensee submits to the liquor authority a copy of such\nmunicipal permit or other written authorization along with the\nalteration application;\n (c) the licensee submits to the liquor authority a copy of the permit\napplication submitted to the municipality to obtain the municipal permit\nor other written authorization from the municipality along with the\nalteration application;\n (d) the licensee submits to the liquor authority a diagram depicting\nboth the licensed premises and the contiguous municipal public space or\nnon-contiguous municipal public space to be used by the licensee with\nthe alteration application;\n (e) the licensee submits to the liquor authority proof that it has\nprovided community notification to the municipality, including\nmunicipalities outside the city of New York, in a manner consistent with\nor required by subdivision two of section one hundred ten-b of this\narticle as required for the city of New York;\n (f) the licensee submits proof to the liquor authority that: (i) such\nlicensee has obtained workers' compensation insurance for all employees,\nas required by the workers' compensation law; and (ii) such licensee has\nobtained general liability insurance to provide coverage against\nliability for injury sustained by persons on the contiguous municipal\npublic space or non-contiguous municipal public space used by the\nlicensee and, if applicable, persons and cyclists using or crossing a\nbike thoroughfare that connects the licensed premises to the\nnon-contiguous municipal public space used by the licensee. The licensee\nshall maintain such general liability coverage during the term of its\nmunicipal permit or written authorization to use the contiguous\nmunicipal public space or non-contiguous municipal public space; and\n (g) use of any such contiguous or non-contiguous municipal public\nspace meets all applicable federal, state or local laws, rules,\nregulations, guidance, conditions or requirements.\n 2. For the purposes of this section: (a) "non-contiguous municipal\npublic space" shall mean space that: (i) is located in front of, behind,\nor to the side of the licensed premises; (ii) is within the property\nboundaries of the licensed premises as extended out; or within the\nproperty boundaries of the nearest adjacent properties on either side;\n(iii) does not extend further than the midline of any public roadway;\n(iv) is separated from the licensed premises only by one or more of the\nfollowing: a pedestrian thoroughfare, a thoroughfare primarily\nrestricted to use by bicycles, or a portion of a thoroughfare with such\nrestrictions; and (v) otherwise complies with all applicable federal,\nstate and local requirements.\n (b) "Contiguous municipal public space" shall mean space that: (i) is\nlocated in front of, behind, or to the side of the licensed premises;\n(ii) is within the property boundaries of the licensed premises as\nextended out; or within the property boundaries of the nearest adjacent\nproperties on either side; (iii) otherwise complies with all applicable\nfederal, state and local requirements.\n 3. Licensees choosing to utilize non-contiguous municipal public space\nthat includes a thoroughfare primarily restricted to use by bicycles, or\na portion of a thoroughfare with such restrictions, shall post a sign or\nposter in said municipal outdoor space with conspicuous lettering in at\nleast seventy-two point bold face font that states: "CAUTION: BICYCLE\nLANE" prior to and while utilizing any such municipal space for\non-premises alcoholic beverage sales to patrons. Such licensees shall be\nsolely responsible for production of and maintenance of such signage.\nCompliance by the licensee with the provisions of any local law\nrequiring posting of warning signs regarding bicycle lanes enacted on or\nbefore the effective date of this section shall be deemed to be in\ncompliance with the provisions of this section. Nothing contained\nherein, however, shall be deemed to exempt any licensee not otherwise\nsubject to the provisions of any such local law from complying with the\nprovisions of this section.\n 4. If at any time the municipality revokes, cancels or suspends or\notherwise terminates the licensee's authorization to use such contiguous\nmunicipal public space or non-contiguous municipal public space, the\nlicensee shall immediately cease exercising the privilege to sell and/or\nserve alcoholic beverages at retail for consumption on such municipal\npublic space. The licensee shall then file a new alteration application\nremoving the municipal public space from its licensed premises. The\nfailure to file a new alteration application with the authority within\nten business days of the revocation, cancellation, suspension, or other\ntermination by the local municipality of the licensee's authorization to\nuse such contiguous or non-contiguous municipal public space shall be\ncause for revocation, cancellation, suspension and/or imposition of a\ncivil penalty against the license in accordance with section one hundred\neighteen of this article.\n 5. The authority may promulgate guidance, rules and/or regulations\nnecessary to implement the provisions of this section. Notwithstanding\nexisting provisions of this chapter, the authority is authorized to\nprovide simplified applications and notification procedures for\nlicensees seeking to utilize municipal space for on-premises alcoholic\nbeverage sales whenever possible or appropriate. Nothing in this section\nshall prohibit the authority from requesting additional information from\nany applicant seeking to use new municipal space or renewal of existing\nmunicipal space.\n