Bill Text: NY A00542 | 2015-2016 | General Assembly | Introduced
Bill Title: Revises procedures regarding the issuance of both retail and special retail liquor licenses for on-premises consumption for premises located within 500 feet of 3 or more existing premises in cities, towns and villages of twenty thousand of more; provides that the written notice which the authority must give to the municipality or community board of the hearing which the authority must hold before issuing a regular (i.e., non-special) license must include the date, time and place thereof and must include a copy of the license application, with certain personal information redacted to prevent an unwarranted invasion of privacy (more specifically, the copy of the application shall not include the home address, home telephone number or social security number of any individual, and the authority may redact other personal information contained in the application in order to prevent an unwarranted invasion of an individual's privacy); and imposes a parallel requirement for written notice of the hearing which must be held regarding applications for such special retail licenses for on-premises consumption.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2016-02-26 - advanced to third reading cal.391 [A00542 Detail]
Download: New_York-2015-A00542-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
542
2015-2016 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2015
___________
Introduced by M. of A. LENTOL, GOTTFRIED -- read once and referred to
the Committee on Economic Development
AN ACT to amend the alcoholic beverage control law, in relation to
procedures associated with issuing retail and special retail licenses
to sell liquor for on-premises consumption regarding premises located
within five hundred feet of three or more existing premises in cities,
towns and villages having a population of twenty thousand or more
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Paragraph (f) of subdivision 7 of section 64 of the alco-
2 holic beverage control law, as amended by chapter 185 of the laws of
3 2012, is amended to read as follows:
4 (f) Notwithstanding the provisions of paragraph (b) of this subdivi-
5 sion, the authority may issue a license pursuant to this section for a
6 premises which shall be within five hundred feet of three or more exist-
7 ing premises licensed and operating pursuant to this section and
8 sections sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d
9 of this article if, after consultation with the municipality or communi-
10 ty board, it determines that granting such license would be in the
11 public interest. Before it may issue any such license, the authority
12 shall conduct a hearing, upon notice to the applicant and the munici-
13 pality or community board, and shall state and file in its office its
14 reasons therefor. The hearing may be rescheduled, adjourned or contin-
15 ued, and the authority shall give notice to the applicant and the muni-
16 cipality or community board of any such rescheduled, adjourned or
17 continued hearing. Before the authority issues any said license, the
18 authority or one or more of the commissioners thereof may, in addition
19 to the hearing required by this paragraph, also conduct a public meeting
20 regarding said license, upon notice to the applicant and the munici-
21 pality or community board. The public meeting may be rescheduled,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01345-01-5
A. 542 2
1 adjourned or continued, and the authority shall give notice to the
2 applicant and the municipality or community board of any such resched-
3 uled, adjourned or continued public meeting. Notice to the municipality
4 or community board shall mean written notice mailed by the authority to
5 such municipality or community board at least fifteen days in advance of
6 any hearing scheduled pursuant to this paragraph AND SHALL INCLUDE THE
7 DATE, TIME AND PLACE THEREOF. IN ADDITION, SUCH NOTICE TO THE MUNICI-
8 PALITY OR COMMUNITY BOARD OF A HEARING SCHEDULED PURSUANT TO THIS PARA-
9 GRAPH SHALL INCLUDE A COPY OF THE APPLICATION FOR SAID LICENSE.
10 PROVIDED, HOWEVER, THAT THE COPY OF SAID APPLICATION INCLUDED WITH SAID
11 NOTICE SHALL NOT INCLUDE THE HOME ADDRESS, HOME TELEPHONE NUMBER OR
12 SOCIAL SECURITY NUMBER OF ANY INDIVIDUAL; AND PROVIDED FURTHER THAT THE
13 AUTHORITY, IN ITS DISCRETION, MAY REDACT ANY OTHER PERSONAL INFORMATION
14 CONTAINED IN SUCH APPLICATION IN ORDER TO PREVENT AN UNWARRANTED INVA-
15 SION OF AN INDIVIDUAL'S PRIVACY. Upon the request of the authority, any
16 municipality or community board may waive the fifteen day notice
17 requirement. No premises having been granted a license pursuant to this
18 section shall be denied a renewal of such license upon the grounds that
19 such premises are within five hundred feet of a building or buildings
20 wherein three or more premises are licensed and operating pursuant to
21 this section and sections sixty-four-a, sixty-four-b, sixty-four-c,
22 and/or sixty-four-d of this article.
23 S 2. Paragraph (d) of subdivision 7 of section 64-a of the alcoholic
24 beverage control law, as amended by chapter 185 of the laws of 2012, is
25 amended to read as follows:
26 (d) Notwithstanding the provisions of subparagraph (ii) of paragraph
27 (a) of this subdivision, the authority may issue a license pursuant to
28 this section for a premises which shall be within five hundred feet of
29 three or more existing premises licensed and operating pursuant to this
30 section and sections sixty-four, sixty-four-b, sixty-four-c, and/or
31 sixty-four-d of this article if, after consultation with the munici-
32 pality or community board, it determines that granting such license
33 would be in the public interest. Before it may issue any such license,
34 the authority shall conduct a hearing, upon notice to the applicant and
35 the municipality or community board, and shall state and file in its
36 office its reasons therefor. Notice to the municipality or community
37 board shall mean written notice mailed by the authority to such munici-
38 pality or community board at least fifteen days in advance of any hear-
39 ing scheduled pursuant to this paragraph AND SHALL INCLUDE THE DATE,
40 TIME AND PLACE THEREOF. Upon the request of the authority, any munici-
41 pality or community board may waive the fifteen day notice requirement.
42 IN ADDITION, SUCH NOTICE TO THE MUNICIPALITY OR COMMUNITY BOARD OF A
43 HEARING SCHEDULED PURSUANT TO THIS PARAGRAPH SHALL INCLUDE A COPY OF THE
44 APPLICATION FOR SAID LICENSE. PROVIDED, HOWEVER, THAT THE COPY OF SAID
45 APPLICATION INCLUDED WITH SAID NOTICE SHALL NOT INCLUDE THE HOME
46 ADDRESS, HOME TELEPHONE NUMBER OR SOCIAL SECURITY NUMBER OF ANY INDIVID-
47 UAL; AND PROVIDED FURTHER THAT THE AUTHORITY, IN ITS DISCRETION, MAY
48 REDACT ANY OTHER PERSONAL INFORMATION CONTAINED IN SUCH APPLICATION IN
49 ORDER TO PREVENT AN UNWARRANTED INVASION OF AN INDIVIDUAL'S PRIVACY. The
50 hearing may be rescheduled, adjourned or continued, and the authority
51 shall give notice to the applicant and the municipality or community
52 board of any such rescheduled, adjourned or continued hearing. Before
53 the authority issues any said license, the authority or one or more of
54 the commissioners thereof may, in addition to the hearing required by
55 this paragraph, also conduct a public meeting regarding said license,
56 upon notice to the applicant and the municipality or community board.
A. 542 3
1 The public meeting may be rescheduled, adjourned or continued, and the
2 authority shall give notice to the applicant and the municipality or
3 community board of any such rescheduled, adjourned or continued public
4 meeting. No premises having been granted a license pursuant to this
5 section shall be denied a renewal of such license upon the grounds that
6 such premises are within five hundred feet of a building or buildings
7 wherein three or more premises are licensed and operating pursuant to
8 this section and sections sixty-four, sixty-four-b, sixty-four-c, and/or
9 sixty-four-d of this article.
10 S 3. This act shall take effect on the ninetieth day after it shall
11 have become a law and shall apply to all applications for a retail
12 license, or special retail license, for on-premises consumption for
13 premises within five hundred feet of existing licensed premises that are
14 pending before or filed with the state liquor authority on or after such
15 effective date. Effective immediately any rules or regulations neces-
16 sary or convenient to implement the provisions of this act are author-
17 ized to be promulgated on or before such effective date.
