Bill Text: NY A02093 | 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 or 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 (non-special) license) must be mailed at least 30 days in advance of the hearing; imposes a parallel 30 day hearing notice requirement regarding the hearing which must be held regarding special retail licenses.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2020-02-20 - advanced to third reading cal.400 [A02093 Detail]
Download: New_York-2019-A02093-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2093 2019-2020 Regular Sessions IN ASSEMBLY January 22, 2019 ___________ Introduced by M. of A. LENTOL -- 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. LBD04497-01-9A. 2093 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] thirty days in 5 advance of any hearing scheduled pursuant to this paragraph. Upon the 6 request of the authority, any municipality or community board may waive 7 the [fifteen] thirty day notice requirement. No premises having been 8 granted a license pursuant to this section shall be denied a renewal of 9 such license upon the grounds that such premises are within five hundred 10 feet of a building or buildings wherein three or more premises are 11 licensed and operating pursuant to this section and sections 12 sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d of this 13 article. 14 § 2. Paragraph (d) of subdivision 7 of section 64-a of the alcoholic 15 beverage control law, as amended by chapter 185 of the laws of 2012, is 16 amended to read as follows: 17 (d) Notwithstanding the provisions of subparagraph (ii) of paragraph 18 (a) of this subdivision, the authority may issue a license pursuant to 19 this section for a premises which shall be within five hundred feet of 20 three or more existing premises licensed and operating pursuant to this 21 section and sections sixty-four, sixty-four-b, sixty-four-c, and/or 22 sixty-four-d of this article if, after consultation with the munici- 23 pality or community board, it determines that granting such license 24 would be in the public interest. Before it may issue any such license, 25 the authority shall conduct a hearing, upon notice to the applicant and 26 the municipality or community board, and shall state and file in its 27 office its reasons therefor. Notice to the municipality or community 28 board shall mean written notice mailed by the authority to such munici- 29 pality or community board at least [fifteen] thirty days in advance of 30 any hearing scheduled pursuant to this paragraph. Upon the request of 31 the authority, any municipality or community board may waive the 32 [fifteen] thirty day notice requirement. The hearing may be rescheduled, 33 adjourned or continued, and the authority shall give notice to the 34 applicant and the municipality or community board of any such resched- 35 uled, adjourned or continued hearing. Before the authority issues any 36 said license, the authority or one or more of the commissioners thereof 37 may, in addition to the hearing required by this paragraph, also conduct 38 a public meeting regarding said license, upon notice to the applicant 39 and the municipality or community board. The public meeting may be 40 rescheduled, adjourned or continued, and the authority shall give notice 41 to the applicant and the municipality or community board of any such 42 rescheduled, adjourned or continued public meeting. No premises having 43 been granted a license pursuant to this section shall be denied a 44 renewal of such license upon the grounds that such premises are within 45 five hundred feet of a building or buildings wherein three or more prem- 46 ises are licensed and operating pursuant to this section and sections 47 sixty-four, sixty-four-b, sixty-four-c, and/or sixty-four-d of this 48 article. 49 § 3. This act shall take effect on the ninetieth day after it shall 50 have become a law and shall apply to all applications for a retail 51 license, or special retail license, for on-premises consumption for 52 premises within five hundred feet of existing licensed premises that are 53 pending before or filed with the state liquor authority on or after such 54 effective date. Effective immediately any rules or regulations necessary 55 or convenient to implement the provisions of this act are authorized to 56 be promulgated on or before such effective date.
