Bill Text: NY A07462 | 2019-2020 | General Assembly | Introduced


Bill Title: Ensures that the provisions governing liquor licenses are consistent with respect to public interest factors.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed) 2019-06-18 - REFERRED TO RULES [A07462 Detail]

Download: New_York-2019-A07462-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          7462
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                       May 6, 2019
                                       ___________
        Introduced  by M. of A. EPSTEIN -- read once and referred to the Commit-
          tee on Economic Development
        AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
          making   the  provisions  governing  the  various  on-premises  liquor
          licenses consistent with respect to public interest factors  that  may
          be considered by the state liquor authority when evaluating the merits
          of a license application
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 6-a of section 64  of  the  alcoholic  beverage
     2  control  law, as added by chapter 670 of the laws of 1993, is amended to
     3  read as follows:
     4    6-a. The authority may consider [any  or]  all  of  the  following  in
     5  determining  whether  public  convenience  and  advantage and the public
     6  interest will be promoted by the granting of licenses  and  permits  for
     7  the sale of alcoholic beverages at a particular unlicensed location:
     8    (a)  [The]  the number, classes and character of licenses in proximity
     9  to the location and in the particular municipality or subdivision there-
    10  of[.];
    11    (b) [Evidence] evidence that all necessary licenses and  permits  have
    12  been obtained from the state and all other governing bodies[.];
    13    (c)  [Effect]  effect of the grant of the license on vehicular traffic
    14  and parking in proximity to the location[.];
    15    (d) [The] the existing noise level at the location and any increase in
    16  noise level that would be generated by the proposed premises[.];
    17    (e) [The] the history  of  liquor  violations  and  reported  criminal
    18  activity at the proposed premises[.];
    19    (f)  history  of  building and fire violations at any businesses owned
    20  and/or operated by the applicant;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02307-01-9

        A. 7462                             2
     1    (g) history of formal communication from the municipality or community
     2  board made pursuant to this chapter for businesses owned and/or operated
     3  by the applicant; and
     4    (h)  [Any]  any  other factors specified by law or regulation that are
     5  relevant to determine the public convenience and advantage  [and  public
     6  interest  of  the  community] and necessary to find that the granting of
     7  such license shall be in the public interest.
     8    § 2. Section 64-a of the alcoholic beverage control law is amended  by
     9  adding a new subdivision 6-a to read as follows:
    10    6-a.  The  authority  may consider all of the following in determining
    11  whether public convenience and advantage and the public interest will be
    12  promoted by the granting of licenses and permits for the sale  of  alco-
    13  holic beverages at a particular unlicensed location:
    14    (a)  the number, classes and character of licenses in proximity to the
    15  location and in the particular municipality or subdivision thereof;
    16    (b) evidence that applicants have secured all necessary  licenses  and
    17  permits from the state and all other governing bodies;
    18    (c) the effect that the granting of the license will have on vehicular
    19  traffic and parking in the proximity of the location;
    20    (d) the existing noise level at the location and any increase in noise
    21  level that would be generated by the proposed premises;
    22    (e) the history of liquor violations and reported criminal activity at
    23  the proposed premises;
    24    (f)  history  of  building and fire violations at any businesses owned
    25  and/or operated by the applicant;
    26    (g) history of formal communication from the municipality or community
    27  board made pursuant to this chapter for businesses owned and/or operated
    28  by the applicant; and
    29    (h) any other factors specified by law or regulation that are relevant
    30  to determine the public convenience or advantage and necessary  to  find
    31  that the granting of such license shall be in the public interest.
    32    §  3. Section 64-b of the alcoholic beverage control law is amended by
    33  adding a new subdivision 4-a to read as follows:
    34    4-a. The authority may consider all of the  following  in  determining
    35  whether public convenience and advantage and the public interest will be
    36  promoted  by  the granting of licenses and permits for the sale of alco-
    37  holic beverages at a particular unlicensed location:
    38    (a) the number, classes and character of licenses in proximity to  the
    39  location and in the particular municipality or subdivision thereof;
    40    (b)  evidence  that applicants have secured all necessary licenses and
    41  permits from the state and all other governing bodies;
    42    (c) the effect that the granting of the license will have on vehicular
    43  traffic and parking in the proximity of the location;
    44    (d) the existing noise level at the location and any increase in noise
    45  level that would be generated by the proposed premises;
    46    (e) the history of liquor violations and reported criminal activity at
    47  the proposed premises;
    48    (f) history of building and fire violations at  any  businesses  owned
    49  and/or operated by the applicant;
    50    (g) history of formal communication from the municipality or community
    51  board made pursuant to this chapter for businesses owned and/or operated
    52  by the applicant; and
    53    (h) any other factors specified by law or regulation that are relevant
    54  to  determine  the public convenience or advantage and necessary to find
    55  that the granting of such license shall be in the public interest.

        A. 7462                             3
     1    § 4. Section 64-c of the alcoholic beverage control law is amended  by
     2  adding a new subdivision 10-a to read as follows:
     3    10-a.  The  authority may consider all of the following in determining
     4  whether public convenience and advantage and the public interest will be
     5  promoted by the granting of licenses and permits for the sale  of  alco-
     6  holic beverages at a particular unlicensed location:
     7    (a)  the number, classes and character of licenses in proximity to the
     8  location and in the particular municipality or subdivision thereof;
     9    (b) evidence that applicants have secured all necessary  licenses  and
    10  permits from the state and all other governing bodies;
    11    (c) the effect that the granting of the license will have on vehicular
    12  traffic and parking in the proximity of the location;
    13    (d) the existing noise level at the location and any increase in noise
    14  level that would be generated by the proposed premises;
    15    (e) the history of liquor violations and reported criminal activity at
    16  the proposed premises;
    17    (f)  history  of  building and fire violations at any businesses owned
    18  and/or operated by the applicant;
    19    (g) history of formal communication from the municipality or community
    20  board made pursuant to this chapter for businesses owned and/or operated
    21  by the applicant; and
    22    (h) any other factors specified by law or regulation that are relevant
    23  to determine the public convenience or advantage and necessary  to  find
    24  that the granting of such license shall be in the public interest.
    25    §  5.  Paragraph  (f)  of subdivision 7 of section 64 of the alcoholic
    26  beverage control law, as amended by chapter 185 of the laws of 2012,  is
    27  amended to read as follows:
    28    (f)  Notwithstanding  the provisions of paragraph (b) of this subdivi-
    29  sion, the authority may issue a license pursuant to this section  for  a
    30  premises which shall be within five hundred feet of three or more exist-
    31  ing  premises  licensed  and  operating  pursuant  to  this  section and
    32  sections sixty-four-a, sixty-four-b, sixty-four-c,  and/or  sixty-four-d
    33  of this article if, after consultation with the municipality or communi-
    34  ty board, and due consideration of formal communication from the munici-
    35  pality  or  community  board,  it  determines that granting such license
    36  would be in the public interest. Before it may issue any  such  license,
    37  the  authority shall conduct a hearing, upon notice to the applicant and
    38  the municipality or community board, and shall state  and  file  in  its
    39  office  its  reasons therefor. The hearing may be rescheduled, adjourned
    40  or continued, and the authority shall give notice to the  applicant  and
    41  the  municipality  or community board of any such rescheduled, adjourned
    42  or continued hearing. Before the authority issues any said license,  the
    43  authority  or  one or more of the commissioners thereof may, in addition
    44  to the hearing required by this paragraph, also conduct a public meeting
    45  regarding said license, upon notice to the  applicant  and  the  munici-
    46  pality  or  community  board.  The  public  meeting  may be rescheduled,
    47  adjourned or continued, and the  authority  shall  give  notice  to  the
    48  applicant  and  the municipality or community board of any such resched-
    49  uled, adjourned or continued public meeting. Notice to the  municipality
    50  or  community board shall mean written notice mailed by the authority to
    51  such municipality or community board at least fifteen days in advance of
    52  any hearing scheduled pursuant to this paragraph. Upon  the  request  of
    53  the authority, any municipality or community board may waive the fifteen
    54  day notice requirement. No premises having been granted a license pursu-
    55  ant  to  this section shall be denied a renewal of such license upon the
    56  grounds that such premises are within five hundred feet of a building or

        A. 7462                             4
     1  buildings wherein three or more  premises  are  licensed  and  operating
     2  pursuant  to  this  section  and  sections  sixty-four-a,  sixty-four-b,
     3  sixty-four-c, and/or sixty-four-d of this article.
     4    §  6.  Paragraph (d) of subdivision 7 of section 64-a of the alcoholic
     5  beverage control law, as amended by chapter 185 of the laws of 2012,  is
     6  amended to read as follows:
     7    (d)  Notwithstanding  the provisions of subparagraph (ii) of paragraph
     8  (a) of this subdivision, the authority may issue a license  pursuant  to
     9  this  section  for a premises which shall be within five hundred feet of
    10  three or more existing premises licensed and operating pursuant to  this
    11  section  and  sections  sixty-four,  sixty-four-b,  sixty-four-c, and/or
    12  sixty-four-d of this article if, after  consultation  with  the  munici-
    13  pality or community board, and due consideration of formal communication
    14  from  the  municipality  or community board, it determines that granting
    15  such license would be in the public interest. Before it  may  issue  any
    16  such  license, the authority shall conduct a hearing, upon notice to the
    17  applicant and the municipality or community board, and shall  state  and
    18  file  in  its office its reasons therefor. Notice to the municipality or
    19  community board shall mean written notice mailed  by  the  authority  to
    20  such municipality or community board at least fifteen days in advance of
    21  any  hearing  scheduled  pursuant to this paragraph. Upon the request of
    22  the authority, any municipality or community board may waive the fifteen
    23  day notice requirement. The hearing may  be  rescheduled,  adjourned  or
    24  continued,  and the authority shall give notice to the applicant and the
    25  municipality or community board of any such  rescheduled,  adjourned  or
    26  continued  hearing.  Before  the  authority issues any said license, the
    27  authority or one or more of the commissioners thereof may,  in  addition
    28  to the hearing required by this paragraph, also conduct a public meeting
    29  regarding  said  license,  upon  notice to the applicant and the munici-
    30  pality or community  board.  The  public  meeting  may  be  rescheduled,
    31  adjourned  or  continued,  and  the  authority  shall give notice to the
    32  applicant and the municipality or community board of any  such  resched-
    33  uled,  adjourned  or  continued  public meeting. No premises having been
    34  granted a license pursuant to this section shall be denied a renewal  of
    35  such license upon the grounds that such premises are within five hundred
    36  feet  of  a  building  or  buildings  wherein three or more premises are
    37  licensed and operating pursuant to this section and sections sixty-four,
    38  sixty-four-b, sixty-four-c, and/or sixty-four-d of this article.
    39    § 7. Paragraph (c) of subdivision 5 of section 64-b of  the  alcoholic
    40  beverage  control law, as amended by chapter 185 of the laws of 2012, is
    41  amended to read as follows:
    42    (c) Notwithstanding the provisions of subparagraph (ii)  of  paragraph
    43  (a)  of  this subdivision, the authority may issue a license pursuant to
    44  this section for a premises which shall be within five hundred  feet  of
    45  three  or more existing premises licensed and operating pursuant to this
    46  section and  sections  sixty-four,  sixty-four-a,  sixty-four-c,  and/or
    47  sixty-four-d  of  this  article  if, after consultation with the munici-
    48  pality or community board, and due consideration of formal communication
    49  from the municipality or community board, it  determines  that  granting
    50  such  license  would  be in the public interest. Before it may issue any
    51  such license, the authority shall conduct a hearing, upon notice to  the
    52  applicant  and  the municipality or community board, and shall state and
    53  file in its office its reasons therefor. The hearing may be rescheduled,
    54  adjourned or continued, and the  authority  shall  give  notice  to  the
    55  applicant  and  the municipality or community board of any such resched-
    56  uled, adjourned or continued hearing. Before the  authority  issues  any

        A. 7462                             5
     1  said  license, the authority or one or more of the commissioners thereof
     2  may, in addition to the hearing required by this paragraph, also conduct
     3  a public meeting regarding said license, upon notice  to  the  applicant
     4  and  the  municipality  or  community  board.  The public meeting may be
     5  rescheduled, adjourned or continued, and the authority shall give notice
     6  to the applicant and the municipality or community  board  of  any  such
     7  rescheduled,  adjourned or continued public meeting. Notice to the muni-
     8  cipality or community board shall mean  written  notice  mailed  by  the
     9  authority  to such municipality or community board at least fifteen days
    10  in advance of any hearing scheduled pursuant to this paragraph. Upon the
    11  request of the authority, any municipality or community board may  waive
    12  the  fifteen  day  notice requirement. No premises having been granted a
    13  license pursuant to this section shall  be  denied  a  renewal  of  such
    14  license upon the grounds that such premises are within five hundred feet
    15  of  a  building or buildings wherein three or more premises are licensed
    16  and operating pursuant to this section and sections  sixty-four,  sixty-
    17  four-a, sixty-four-c, and/or sixty-four-d of this article.
    18    §  8. Paragraph (c) of subdivision 11 of section 64-c of the alcoholic
    19  beverage control law, as amended by chapter 185 of the laws of 2012,  is
    20  amended to read as follows:
    21    (c)  Notwithstanding  the provisions of subparagraph (ii) of paragraph
    22  (a) of this subdivision, the authority may issue a license  pursuant  to
    23  this  section  for a premises which shall be within five hundred feet of
    24  three or more existing premises licensed and operating pursuant to  this
    25  section  and  sections  sixty-four,  sixty-four-a,  sixty-four-b  and/or
    26  sixty-four-d of this article if, after  consultation  with  the  munici-
    27  pality or community board, and due consideration of formal communication
    28  from  the  municipality  or community board, it determines that granting
    29  such license would be in the public interest. Before it  may  issue  any
    30  such  license, the authority shall conduct a hearing, upon notice to the
    31  applicant and the municipality or community board, and shall  state  and
    32  file in its office its reasons therefor. 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. Notice to the  muni-
    43  cipality  or  community  board  shall  mean written notice mailed by the
    44  authority to such municipality or community board at least fifteen  days
    45  in advance of any hearing scheduled pursuant to this paragraph. Upon the
    46  request  of the authority, any municipality or community board may waive
    47  the fifteen day notice requirement. No premises having  been  granted  a
    48  license  pursuant  to  this  section  shall  be denied a renewal of such
    49  license upon the grounds that such premises are within five hundred feet
    50  of a building or buildings wherein three or more premises are  operating
    51  and  licensed  pursuant  to  this section or sections sixty-four, sixty-
    52  four-a, sixty-four-b and/or sixty-four-d of this article.
    53    § 9. This act shall take effect immediately.
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