Bill Text: NY A01902 | 2019-2020 | 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 2-0)
Status: (Introduced - Dead) 2020-02-27 - advanced to third reading cal.419 [A01902 Detail]
Download: New_York-2019-A01902-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1902 2019-2020 Regular Sessions IN ASSEMBLY January 17, 2019 ___________ 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, 22 adjourned or continued, and the authority shall give notice to the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04639-01-9A. 1902 2 1 applicant and the municipality or community board of any such resched- 2 uled, adjourned or continued public meeting. Notice to the municipality 3 or community board shall mean written notice mailed by the authority to 4 such municipality or community board at least fifteen days in advance of 5 any hearing scheduled pursuant to this paragraph and shall include the 6 date, time and place thereof. In addition, such notice to the munici- 7 pality or community board of a hearing scheduled pursuant to this para- 8 graph shall include a copy of the application for said license. 9 Provided, however, that the copy of said application included with said 10 notice shall not include the home address, home telephone number or 11 social security number of any individual; and provided further that the 12 authority, in its discretion, may redact any other personal information 13 contained in such application in order to prevent an unwarranted inva- 14 sion of an individual's privacy. Upon the request of the authority, any 15 municipality or community board may waive the fifteen day notice 16 requirement. No premises having been granted a license pursuant to this 17 section shall be denied a renewal of such license upon the grounds that 18 such premises are within five hundred feet of a building or buildings 19 wherein three or more premises are licensed and operating pursuant to 20 this section and sections sixty-four-a, sixty-four-b, sixty-four-c, 21 and/or sixty-four-d of this article. 22 § 2. Paragraph (d) of subdivision 7 of section 64-a of the alcoholic 23 beverage control law, as amended by chapter 185 of the laws of 2012, is 24 amended to read as follows: 25 (d) Notwithstanding the provisions of subparagraph (ii) of paragraph 26 (a) of this subdivision, the authority may issue a license pursuant to 27 this section for a premises which shall be within five hundred feet of 28 three or more existing premises licensed and operating pursuant to this 29 section and sections sixty-four, sixty-four-b, sixty-four-c, and/or 30 sixty-four-d of this article if, after consultation with the munici- 31 pality or community board, it determines that granting such license 32 would be in the public interest. Before it may issue any such license, 33 the authority shall conduct a hearing, upon notice to the applicant and 34 the municipality or community board, and shall state and file in its 35 office its reasons therefor. Notice to the municipality or community 36 board shall mean written notice mailed by the authority to such munici- 37 pality or community board at least fifteen days in advance of any hear- 38 ing scheduled pursuant to this paragraph and shall include the date, 39 time and place thereof. Upon the request of the authority, any munici- 40 pality or community board may waive the fifteen day notice requirement. 41 In addition, such notice to the municipality or community board of a 42 hearing scheduled pursuant to this paragraph shall include a copy of the 43 application for said license. Provided, however, that the copy of said 44 application included with said notice shall not include the home 45 address, home telephone number or social security number of any individ- 46 ual; and provided further that the authority, in its discretion, may 47 redact any other personal information contained in such application in 48 order to prevent an unwarranted invasion of an individual's privacy. The 49 hearing may be rescheduled, adjourned or continued, and the authority 50 shall give notice to the applicant and the municipality or community 51 board of any such rescheduled, adjourned or continued hearing. Before 52 the authority issues any said license, the authority or one or more of 53 the commissioners thereof may, in addition to the hearing required by 54 this paragraph, also conduct a public meeting regarding said license, 55 upon notice to the applicant and the municipality or community board. 56 The public meeting may be rescheduled, adjourned or continued, and theA. 1902 3 1 authority shall give notice to the applicant and the municipality or 2 community board of any such rescheduled, adjourned or continued public 3 meeting. No premises having been granted a license pursuant to this 4 section shall be denied a renewal of such license upon the grounds that 5 such premises are within five hundred feet of a building or buildings 6 wherein three or more premises are licensed and operating pursuant to 7 this section and sections sixty-four, sixty-four-b, sixty-four-c, and/or 8 sixty-four-d of this article. 9 § 3. This act shall take effect on the ninetieth day after it shall 10 have become a law and shall apply to all applications for a retail 11 license, or special retail license, for on-premises consumption for 12 premises within five hundred feet of existing licensed premises that are 13 pending before or filed with the state liquor authority on or after such 14 effective date. Effective immediately any rules or regulations neces- 15 sary or convenient to implement the provisions of this act are author- 16 ized to be promulgated on or before such effective date.
