NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9820A
TITLE OF BILL:
An act to amend chapter 238 of the laws of 2021 relating to permitting
the use of municipal space for outdoor dining, in relation to extending
the effectiveness thereof
PURPOSE OR GENERAL IDEA OF BILL:
The bill would extend provisions enabling those businesses licensed by
the State Liquor Authority to sell alcohol for on-site consumption to
use municipal space for outdoor dining.
SUMMARY OF PROVISIONS:
Section 1 extends the effective date by 3 years.
Restaurants have been hit particularly hard by the COVID-19 pandemic.
Many have closed, but many more are limping along. However, an important
lifeline for those restaurants that have made it through the pandemic
has been the ability to operate outdoors on sidewalks and streets. Many
municipalities have been willing to assist restaurants in this regard,
allowing the use of municipal outdoor space. Prior to Executive Order
202.38, those restaurants that sold alcohol were restricted from operat-
ing outdoors on streets or sidewalks. The Governor allowed these restau-
rants to operate outdoors through Executive Order 202.38, which was
extremely helpful. Legislation was passed to extend that privilege;
however, it is due to expire this year. This bill will make sure these
restaurants, who employ so many New Yorkers, will be able to keep this
privilege for another year and find a way back to stability and recov-
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
This act shall take effect immediately and shall expire and be deemed
repealed three year after it shall have become a law.
STATE OF NEW YORK
April 19, 2022
Introduced by M. of A. FAHY, WOERNER, McDONALD, SILLITTI -- read once
and referred to the Committee on Economic Development -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend chapter 238 of the laws of 2021 relating to permitting
the use of municipal space for outdoor dining, in relation to extend-
ing the effectiveness thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 7 of chapter 238 of the laws of 2021 relating to
2 permitting the use of municipal space for outdoor dining, as renumbered
3 by chapter 165 of the laws of 2022, is amended to read as follows:
4 § 7. This act shall take effect immediately and shall expire and be
5 deemed repealed [one year] four years after it shall have become a law.
6 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.