Bill Text: NY A06863 | 2011-2012 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

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 licensed 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 21-0)

Status: (Introduced - Dead) 2012-01-04 - referred to economic development [A06863 Detail]

Download: New_York-2011-A06863-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6863
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     April 5, 2011
                                      ___________
       Introduced  by  M. of A. GOTTFRIED, COOK, GLICK, V. LOPEZ, ORTIZ, GALEF,
         SCHIMEL -- Multi-Sponsored by  --  M.  of  A.  BING,  BRENNAN,  CLARK,
         COLTON,  CYMBROWITZ,  DINOWITZ, HEASTIE, HOOPER, MARKEY, PAULIN, PHEF-
         FER, ROSENTHAL, SCARBOROUGH, WEISENBERG -- read once and  referred  to
         the Committee on Economic Development
       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
   21  IN THE SAME MANNER AS APPLICABLE PROVISIONS OF  THIS  CHAPTER  OR  REGU-
   22  LATIONS OF THE AUTHORITY.
   23    S  3. Section 64-a of the alcoholic beverage control law is amended by
   24  adding a new subdivision 5-a to read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05354-02-1
       A. 6863                             2
    1    5-A. THE AUTHORITY MAY, WITH THE CONSENT OF THE APPLICANT, INCLUDE, AS
    2  PART OF A LICENSE UNDER  THIS  SECTION  TERMS  AND  CONDITIONS  FOR  THE
    3  PURPOSE  OF  ASSURING THAT THE LICENSED PREMISES ARE OPERATED IN ACCORD-
    4  ANCE WITH APPLICABLE LAW AND CONSISTENT WITH THE PUBLIC INTEREST.  PRIOR
    5  TO  INCLUDING  TERMS  AND  CONDITIONS  IN A LICENSE, THE AUTHORITY SHALL
    6  CONSULT WITH THE APPLICANT AND ANY PARTY ENTITLED TO RECEIVE  NOTICE  OF
    7  THE  APPLICATION.  THE TERMS AND CONDITIONS SHALL BE LEGALLY ENFORCEABLE
    8  IN THE SAME MANNER AS APPLICABLE PROVISIONS OF  THIS  CHAPTER  OR  REGU-
    9  LATIONS OF THE AUTHORITY.
   10    S  4. Section 64-b of the alcoholic beverage control law is amended by
   11  adding a new subdivision 5-a to read as follows:
   12    5-A. THE AUTHORITY MAY, WITH THE CONSENT OF THE APPLICANT, INCLUDE, AS
   13  PART OF A LICENSE UNDER  THIS  SECTION  TERMS  AND  CONDITIONS  FOR  THE
   14  PURPOSE  OF  ASSURING THAT THE LICENSED PREMISES ARE OPERATED IN ACCORD-
   15  ANCE WITH APPLICABLE LAW AND CONSISTENT WITH THE PUBLIC INTEREST.  PRIOR
   16  TO  INCLUDING  TERMS  AND  CONDITIONS  IN A LICENSE, THE AUTHORITY SHALL
   17  CONSULT WITH THE APPLICANT AND ANY PARTY ENTITLED TO RECEIVE  NOTICE  OF
   18  THE  APPLICATION.  THE TERMS AND CONDITIONS SHALL BE LEGALLY ENFORCEABLE
   19  IN THE SAME MANNER AS APPLICABLE PROVISIONS OF  THIS  CHAPTER  OR  REGU-
   20  LATIONS OF THE AUTHORITY.
   21    S  5. Section 64-c of the alcoholic beverage control law is amended by
   22  adding a new subdivision 5-a to read as follows:
   23    5-A. THE AUTHORITY MAY, WITH THE CONSENT OF THE APPLICANT, INCLUDE, AS
   24  PART OF A LICENSE UNDER  THIS  SECTION  TERMS  AND  CONDITIONS  FOR  THE
   25  PURPOSE  OF  ASSURING THAT THE LICENSED PREMISES ARE OPERATED IN ACCORD-
   26  ANCE WITH APPLICABLE LAW AND CONSISTENT WITH THE PUBLIC INTEREST.  PRIOR
   27  TO  INCLUDING  TERMS  AND  CONDITIONS  IN A LICENSE, THE AUTHORITY SHALL
   28  CONSULT WITH THE APPLICANT AND ANY PARTY ENTITLED TO RECEIVE  NOTICE  OF
   29  THE  APPLICATION.  THE TERMS AND CONDITIONS SHALL BE LEGALLY ENFORCEABLE
   30  IN THE SAME MANNER AS APPLICABLE PROVISIONS OF  THIS  CHAPTER  OR  REGU-
   31  LATIONS OF THE AUTHORITY.
   32    S  6. Section 64-d of the alcoholic beverage control law is amended by
   33  adding a new subdivision 5-a to read as follows:
   34    5-A. THE AUTHORITY MAY, WITH THE CONSENT OF THE APPLICANT, INCLUDE, AS
   35  PART OF A LICENSE UNDER  THIS  SECTION  TERMS  AND  CONDITIONS  FOR  THE
   36  PURPOSE  OF  ASSURING THAT THE LICENSED PREMISES ARE OPERATED IN ACCORD-
   37  ANCE WITH APPLICABLE LAW AND CONSISTENT WITH THE PUBLIC INTEREST.  PRIOR
   38  TO  INCLUDING  TERMS  AND  CONDITIONS  IN A LICENSE, THE AUTHORITY SHALL
   39  CONSULT WITH THE APPLICANT AND ANY PARTY ENTITLED TO RECEIVE  NOTICE  OF
   40  THE  APPLICATION.  THE TERMS AND CONDITIONS SHALL BE LEGALLY ENFORCEABLE
   41  IN THE SAME MANNER AS APPLICABLE PROVISIONS OF  THIS  CHAPTER  OR  REGU-
   42  LATIONS OF THE AUTHORITY.
   43    S  7.  Section  81 of the alcoholic beverage control law is amended by
   44  adding a new subdivision 5 to read as follows:
   45    5. THE AUTHORITY MAY, WITH THE CONSENT OF THE APPLICANT,  INCLUDE,  AS
   46  PART  OF  A  LICENSE  UNDER  THIS  SECTION  TERMS AND CONDITIONS FOR THE
   47  PURPOSE OF ASSURING THAT THE LICENSED PREMISES ARE OPERATED  IN  ACCORD-
   48  ANCE  WITH  THE  APPLICABLE LAW AND CONSISTENT WITH THE PUBLIC INTEREST.
   49  PRIOR TO INCLUDING TERMS AND CONDITIONS  IN  A  LICENSE,  THE  AUTHORITY
   50  SHALL  CONSULT  WITH  THE  APPLICANT  AND  ANY PARTY ENTITLED TO RECEIVE
   51  NOTICE OF THE APPLICATION. THE TERMS AND  CONDITIONS  SHALL  BE  LEGALLY
   52  ENFORCEABLE  IN THE SAME MANNER AS APPLICABLE PROVISIONS OF THIS CHAPTER
   53  OR REGULATIONS OF THE AUTHORITY.
   54    S 8. This act shall take effect immediately.