Use of Outdoor Municipal Property under Recent Change in Law

 

Guidance as of July 7, 2021:

 

Since June of 2020, a Governor’s Executive Order has allowed for the service of alcoholic beverages on contiguous and non-contiguous outdoor municipal property by SLA licensees with on premises retail privileges, subject to SLA guidance.

 

Under a law signed by the Governor on July 7, 2021, that service permission has been extended for one year, as explained in this guidance.

 

Municipalities should take note that It shall be the responsibility of each municipality that makes municipal property available for these purposes to ensure that any structure thereon is built in compliance with all applicable local legal and other requirements, that reasonable and adequate traffic safety, public safety, access and other measures necessary to protect the public have been taken, and that the municipality is providing for enforcement of the foregoing.

 

 

Licensees Already Utilizing Municipal Property:

  • All licensees currently operating under municipal permission, granted pursuant to the Governor’s Executive Order and SLA guidance through an approved municipal plan, may continue to operate under such municipal permission, but subject to the following requirement.
    • On or before October 5, 2021, any such licensees intending to continue such use must notify the SLA in the following manner:
      • Send an email to [email protected] with their main license serial number in the subject line.*  The email should include the following attachments:
        • ​​​​​​​​​​​​​​​​​​​​​(1) a copy of the municipal permit or other written authorization providing permission to use the municipal property; and
        • ​​​​​​​​​​​​​​​​​​​​​(2) a block plot diagram showing the municipal property that has been incorporated into your licensed premises.

* Licensees do not need to wait for a response to their email notice.

 

New Applicants for Municipal Property:​​​​​​​

  • All licensees that were not operating on municipal property under the Governor’s Executive Order and pursuant to municipal permission prior to July 7, 2021, but which have or will be granted such permission on or after July 7, 2021, must take the following steps to incorporate the municipal property into their licensed premises:​​​​​​​
    • ​​​​​​​A municipal notice must be sent by registered mail or hand delivered to the appropriate municipal entity pursuant to section 110-B of the ABC Law.  The form and instructions can be found here.
    • ​​​​​​​After 30 days have passed from the date of the municipal notice, or if a municipality has waived notice, licensees should send an email to [email protected] with their main license serial number in the subject line.**  The email should include the following attachments:
      • ​​​​​​​(1) proof of receipt of the municipal notice or waiver thereof; and
      • ​​​​​​​(2)  a copy of the municipal permit or other written authorization providing permission to use the municipal property; and
      • ​​​​​​​(3) a block plot diagram showing the municipal property that has been incorporated into your licensed premises

** Licensees should wait for 5 calendar days for a response to their application from the SLA, if an email disapproval is not issued within such 5 day period, your application is deemed approved.