State of New York
April 19, 2004
AN ACT to amend the Alcoholic Beverage Control Law, in relation to the definition of member of a club.
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1, Subdivision 9 of Section 3 of the Alcoholic Beverage Control Law, as amended by Chapter 259 of the Laws of 1997, is amended to read as follows:
9. "Club" shall mean an organization of persons incorporated pursuant to the provisions of the Not-For-Profit Corporation Law or the Benevolent Orders Law, which is the owner, lessee or occupant of a building used exclusively for club purposes, and which does not traffic in alcoholic beverages for profit and is operated solely for a recreational, social, patriotic, political, benevolent or athletic purpose but not for pecuniary gain; except that where such club is located in an office or business building, or state armory, it may be licensed as such provided it otherwise qualifies as a "club" within the meaning of this subdivision. A "luncheon club" shall mean a club which is open only on week days during the hours between eleven o'clock in the morning and three o'clock in the afternoon. A "member" of a club shall mean a person who whether a charter member or admitted in agreement with the by-laws of the club, has become a bona fide member thereof, who maintains his or her membership by the payment of his or her annual dues in a bona fide manner in accordance with the by-laws and whose name and address is entered on the list of members; or in the case of veterans club where a person has in his or her possession an identification card indicating his or her membership in the national veterans' organization with which the club at which he or she is present is affiliated. For the purposes of this section a veterans club shall include but not be limited to the Grand Army of the Republic, the United Spanish War Veterans, the Veterans of Foreign Wars, the Jew War Veterans of the United States, Inc., the Catholic War Veterans, Inc., the Italian American War Veterans of the United States, Inc., the Polish Legion of American Veterans, Inc., the Marine Corps League, the Military Order of the Purple Heart, Inc., the American Legion, the Disabled American Veterans, AMVETS, American Veterans of World War II, Masonic War Veterans of the State of New York, Inc., Veteerans of World War I of the United States, Department of New York, Inc., China-Burma-India Veterans Association, Inc., Polish-American Veterans of World War II, the Sons of Union Veterans, Vietnam Veterans of America, or the Eastern Paralyzed Veterans Association. A club and a luncheon club shall appoint an Alcoholic Beverage Officer from among its members who shall be responsible for filing all applications and other documents required to be submitted to the authority. The person appointed Alcoholic Beverage Officer shall be subject to approval by the authority.
§ 2. This act shall take effect immediately.