Bill Text: NY A06657 | 2009-2010 | General Assembly | Introduced

---

Bill Title: Provides that the state liquor authority may, with the consent of the applicant, include certain terms and conditions as part of various licenses for on-premises consumption of beer and liquor for the purpose of assuring that the licenses premises are operated in accordance with law and consistent with the public interest; provides that prior to including terms and conditions in a license, the authority shall consult with the applicant and any party entitled to receive notice of the application; and provides that the terms and conditions shall be legally enforceable in the same manner as applicable provisions of this chapter or regulations of the authority.

Spectrum: Partisan Bill (Democrat 23-0)

Status: (Introduced - Dead) 2010-01-06 - referred to economic development [A06657 Detail]

Download: New_York-2009-A06657-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6657
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 11, 2009
                                      ___________
       Introduced  by  M. of A. GOTTFRIED, COOK, GLICK, V. LOPEZ, ORTIZ, GALEF,
         GREENE -- Multi-Sponsored by -- M. of A. BING, BRENNAN, CLARK, COLTON,
         CYMBROWITZ, DINOWITZ, GIANARIS, HEASTIE, HOOPER, MARKEY, PAULIN, PHEF-
         FER, ROSENTHAL, SCARBOROUGH, WEISENBERG -- read once and  referred  to
         the  Committee  on  Economic  Development,  Job Creation, Commerce and
         Industry
       AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
         authorizing  the imposition of certain terms and conditions as part of
         certain licenses for on-premises consumption
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 55 of the alcoholic beverage control law is amended
    2  by adding a new subdivision 4 to read as follows:
    3    4.  THE  AUTHORITY MAY, WITH THE CONSENT OF THE APPLICANT, INCLUDE, AS
    4  PART OF A LICENSE UNDER  THIS  SECTION  TERMS  AND  CONDITIONS  FOR  THE
    5  PURPOSE  OF  ASSURING THAT THE LICENSED PREMISES ARE OPERATED IN ACCORD-
    6  ANCE WITH APPLICABLE LAW AND CONSISTENT WITH THE PUBLIC INTEREST.  PRIOR
    7  TO  INCLUDING  TERMS  AND  CONDITIONS  IN A LICENSE, THE AUTHORITY SHALL
    8  CONSULT WITH THE APPLICANT AND ANY PARTY ENTITLED TO RECEIVE  NOTICE  OF
    9  THE  APPLICATION.  THE TERMS AND CONDITIONS SHALL BE LEGALLY ENFORCEABLE
   10  IN THE SAME MANNER AS APPLICABLE PROVISIONS OF  THIS  CHAPTER  OR  REGU-
   11  LATIONS OF THE AUTHORITY.
   12    S  2.  Section  64 of the alcoholic beverage control law is amended by
   13  adding a new subdivision 10 to read as follows:
   14    10. THE AUTHORITY MAY, WITH THE CONSENT OF THE APPLICANT, INCLUDE,  AS
   15  PART  OF  A  LICENSE  UNDER  THIS  SECTION  TERMS AND CONDITIONS FOR THE
   16  PURPOSE OF ASSURING THAT THE LICENSED PREMISES ARE OPERATED  IN  ACCORD-
   17  ANCE  WITH APPLICABLE LAW AND CONSISTENT WITH THE PUBLIC INTEREST. PRIOR
   18  TO INCLUDING TERMS AND CONDITIONS IN  A  LICENSE,  THE  AUTHORITY  SHALL
   19  CONSULT  WITH  THE APPLICANT AND ANY PARTY ENTITLED TO RECEIVE NOTICE OF
   20  THE APPLICATION. THE TERMS AND CONDITIONS SHALL BE  LEGALLY  ENFORCEABLE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00794-01-9
       A. 6657                             2
    1  IN  THE  SAME  MANNER  AS APPLICABLE PROVISIONS OF THIS CHAPTER OR REGU-
    2  LATIONS OF THE AUTHORITY.
    3    S  3. Section 64-a of the alcoholic beverage control law is amended by
    4  adding a new subdivision 5-a to read as follows:
    5    5-A. THE AUTHORITY MAY, WITH THE CONSENT OF THE APPLICANT, INCLUDE, AS
    6  PART OF A LICENSE UNDER  THIS  SECTION  TERMS  AND  CONDITIONS  FOR  THE
    7  PURPOSE  OF  ASSURING THAT THE LICENSED PREMISES ARE OPERATED IN ACCORD-
    8  ANCE WITH APPLICABLE LAW AND CONSISTENT WITH THE PUBLIC INTEREST.  PRIOR
    9  TO  INCLUDING  TERMS  AND  CONDITIONS  IN A LICENSE, THE AUTHORITY SHALL
   10  CONSULT WITH THE APPLICANT AND ANY PARTY ENTITLED TO RECEIVE  NOTICE  OF
   11  THE  APPLICATION.  THE TERMS AND CONDITIONS SHALL BE LEGALLY ENFORCEABLE
   12  IN THE SAME MANNER AS APPLICABLE PROVISIONS OF  THIS  CHAPTER  OR  REGU-
   13  LATIONS OF THE AUTHORITY.
   14    S  4. Section 64-b of the alcoholic beverage control law is amended by
   15  adding a new subdivision 5-a to read as follows:
   16    5-A. THE AUTHORITY MAY, WITH THE CONSENT OF THE APPLICANT, INCLUDE, AS
   17  PART OF A LICENSE UNDER  THIS  SECTION  TERMS  AND  CONDITIONS  FOR  THE
   18  PURPOSE  OF  ASSURING THAT THE LICENSED PREMISES ARE OPERATED IN ACCORD-
   19  ANCE WITH APPLICABLE LAW AND CONSISTENT WITH THE PUBLIC INTEREST.  PRIOR
   20  TO  INCLUDING  TERMS  AND  CONDITIONS  IN A LICENSE, THE AUTHORITY SHALL
   21  CONSULT WITH THE APPLICANT AND ANY PARTY ENTITLED TO RECEIVE  NOTICE  OF
   22  THE  APPLICATION.  THE TERMS AND CONDITIONS SHALL BE LEGALLY ENFORCEABLE
   23  IN THE SAME MANNER AS APPLICABLE PROVISIONS OF  THIS  CHAPTER  OR  REGU-
   24  LATIONS OF THE AUTHORITY.
   25    S  5. Section 64-c of the alcoholic beverage control law is amended by
   26  adding a new subdivision 5-a to read as follows:
   27    5-A. THE AUTHORITY MAY, WITH THE CONSENT OF THE APPLICANT, INCLUDE, AS
   28  PART OF A LICENSE UNDER  THIS  SECTION  TERMS  AND  CONDITIONS  FOR  THE
   29  PURPOSE  OF  ASSURING THAT THE LICENSED PREMISES ARE OPERATED IN ACCORD-
   30  ANCE WITH APPLICABLE LAW AND CONSISTENT WITH THE PUBLIC INTEREST.  PRIOR
   31  TO  INCLUDING  TERMS  AND  CONDITIONS  IN A LICENSE, THE AUTHORITY SHALL
   32  CONSULT WITH THE APPLICANT AND ANY PARTY ENTITLED TO RECEIVE  NOTICE  OF
   33  THE  APPLICATION.  THE TERMS AND CONDITIONS SHALL BE LEGALLY ENFORCEABLE
   34  IN THE SAME MANNER AS APPLICABLE PROVISIONS OF  THIS  CHAPTER  OR  REGU-
   35  LATIONS OF THE AUTHORITY.
   36    S  6. Section 64-d of the alcoholic beverage control law is amended by
   37  adding a new subdivision 5-a to read as follows:
   38    5-A. THE AUTHORITY MAY, WITH THE CONSENT OF THE APPLICANT, INCLUDE, AS
   39  PART OF A LICENSE UNDER  THIS  SECTION  TERMS  AND  CONDITIONS  FOR  THE
   40  PURPOSE  OF  ASSURING THAT THE LICENSED PREMISES ARE OPERATED IN ACCORD-
   41  ANCE WITH APPLICABLE LAW AND CONSISTENT WITH THE PUBLIC INTEREST.  PRIOR
   42  TO  INCLUDING  TERMS  AND  CONDITIONS  IN A LICENSE, THE AUTHORITY SHALL
   43  CONSULT WITH THE APPLICANT AND ANY PARTY ENTITLED TO RECEIVE  NOTICE  OF
   44  THE  APPLICATION.  THE TERMS AND CONDITIONS SHALL BE LEGALLY ENFORCEABLE
   45  IN THE SAME MANNER AS APPLICABLE PROVISIONS OF  THIS  CHAPTER  OR  REGU-
   46  LATIONS OF THE AUTHORITY.
   47    S 7. This act shall take effect immediately.