Bill Text: NY S00574 | 2011-2012 | General Assembly | Introduced

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Bill Title: Prohibits the possession of guns in or upon the grounds of buildings that serve alcoholic beverages; provides exemption to on-duty police officers, owner or employee protecting the establishment or a club.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO CODES [S00574 Detail]

Download: New_York-2011-S00574-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          574
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced by Sens. KLEIN, KRUEGER, MONTGOMERY -- read twice and ordered
         printed, and when printed to be committed to the Committee on Codes
       AN ACT to amend the penal law, in relation to prohibiting the possession
         of  guns  in  or  upon  the  grounds of buildings that serve alcoholic
         beverages
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Section 265.01 of the penal law is amended by adding a new
    2  subdivision 3-a to read as follows:
    3    (3-A) HE OR SHE KNOWINGLY HAS IN HIS OR HER POSSESSION A RIFLE,  SHOT-
    4  GUN  OR  FIREARM IN OR UPON THE PREMISES OF AN ESTABLISHMENT FOR WHICH A
    5  LICENSE FOR THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISES  CONSUMPTION
    6  HAS BEEN ISSUED PURSUANT TO THE ALCOHOLIC BEVERAGE CONTROL LAW.
    7    S 2. Section 265.20 of the penal law is amended by adding a new subdi-
    8  vision e to read as follows:
    9    E.  THE  PROVISIONS  OF  SUBDIVISION THREE-A OF SECTION 265.01 OF THIS
   10  ARTICLE SHALL NOT APPLY TO:
   11    (1) A PERSON WHO IS AN OWNER OR EMPLOYEE OF THE LICENSED PREMISES  FOR
   12  THE  SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION WHO HAS THE
   13  RESPONSIBILITY OF PROTECTING SUCH ESTABLISHMENT AND ITS PATRONS; OR
   14    (2) A CLUB MEMBER OF A CLUB AS DEFINED IN SUBDIVISION NINE OF  SECTION
   15  THREE  OF  THE  ALCOHOLIC  BEVERAGE  CONTROL LAW, WHO IS LOCATED ON SUCH
   16  PREMISES OR PORTION OF SUCH PREMISES THAT IS USED  EXCLUSIVELY  BY  SUCH
   17  MEMBERS FOR ON-PREMISES CONSUMPTION OF ALCOHOLIC BEVERAGES INCLUDING THE
   18  EXTERIOR  GROUNDS  OF  ANY GOLF COURSE OR OUTDOOR RECREATION AREA AFFIL-
   19  IATED WITH SUCH CLUB.
   20    S 3. This act shall take effect on the first of November next succeed-
   21  ing the date on which it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04848-01-1