Bill Text: NY S00039 | 2011-2012 | General Assembly | Amended
Bill Title: Requires the posting of notice by certain establishments upon the submission of an application or application for renewal for a liquor license to sell liquor; requires an applicant seeking or renewing a license to sell liquor at retail for consumption on the premises, a special license to sell liquor at retail on premises, a license to sell liquor on premises of a bottle club, license to manufacture and sell in a restaurant/brewer, or license to sell liquor on premises at a cabaret to post notice of such to the community or community board with jurisdiction over the area in which the licensed establishment is located to ensure the opportunity to participate in the licensing process.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-04 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S00039 Detail]
Download: New_York-2011-S00039-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
39--A
2011-2012 Regular Sessions
I N S E N A T E
(PREFILED)
January 5, 2011
___________
Introduced by Sen. SQUADRON -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment Operations -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the alcoholic beverage control law, in relation to
procedures associated with issuing licenses to sell liquor for
consumption
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 7 of section 100 of the alcoholic beverage
2 control law, as added by chapter 256 of the laws of 1978, is amended and
3 a new subdivision 8 is added to read as follows:
4 7. Within ten days after filing a new application to sell liquor at
5 retail under section sixty-three[, sixty-four, sixty-four-a or sixty-
6 four-b] of this chapter, a notice thereof, in the form prescribed by the
7 authority, shall be posted by the applicant in a conspicuous place at
8 the entrance to the proposed premises. The applicant shall make reason-
9 able efforts to insure such notice shall remain posted throughout the
10 pendency of the application. The provisions hereof shall apply only
11 where no retail liquor license has previously been granted for the
12 proposed premise and shall, specifically, not be applicable to a
13 proposed sale of an existing business engaged in the retail sale of
14 liquor. The authority may adopt such rules AS it may deem necessary to
15 carry out the purpose of this subdivision.
16 8. (A) WITHIN TEN DAYS AFTER FILING A NEW APPLICATION OR AN APPLICA-
17 TION FOR RENEWAL TO SELL LIQUOR UNDER SECTION SIXTY-FOUR, SIXTY-FOUR-A,
18 SIXTY-FOUR-B, SIXTY-FOUR-C OR SIXTY-FOUR-D OF THIS CHAPTER, A NOTICE
19 THEREOF SHALL BE POSTED BY THE APPLICANT IN A CONSPICUOUS PLACE AT THE
20 ENTRANCE TO THE ESTABLISHMENT OR PROPOSED ESTABLISHMENT WHERE IT CAN BE
21 EASILY READ BY PASSERS-BY. SAID NOTICE SHALL BE IN A FORM PRESCRIBED BY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00121-04-1
S. 39--A 2
1 THE AUTHORITY, PROVIDED HOWEVER THAT SAID NOTICE SHALL BE EITHER PRINTED
2 OR HIGHLIGHTED IN A PINK INK OF A NEON, LUMINOUS OR FLUORESCENT VARIETY.
3 THE NOTICE SHALL SPECIFY THE APPLICATION DATE, THE TYPE OF LICENSE, THE
4 IDENTIFICATION NUMBER AND HOW TO CONTACT THE STATE LIQUOR AUTHORITY TO
5 GIVE A RESPONSE TO THE APPLICATION. THE APPLICANT SHALL MAKE REASONABLE
6 EFFORTS TO INSURE SUCH NOTICE SHALL REMAIN POSTED THROUGHOUT THE PENDEN-
7 CY OF SUCH APPLICATION. ADDITIONALLY, WITHIN TEN DAYS OF THE APPLI-
8 CANT'S RECEIPT OF A WRITTEN REQUEST FROM THE AUTHORITY, THE APPLICANT
9 SHALL RE-POST SUCH NOTICE. THE AUTHORITY MAY ADOPT SUCH RULES AS IT MAY
10 DEEM NECESSARY TO CARRY OUT THE PURPOSE OF THIS PARAGRAPH.
11 (B) WITHIN TEN DAYS OF THE APPLICANT'S RECEIPT OF WRITTEN NOTICE OF A
12 HEARING SCHEDULED PURSUANT TO SECTION SIXTY-FOUR, SIXTY-FOUR-A OR
13 SIXTY-FOUR-C OF THIS CHAPTER, THE APPLICANT SHALL POST A COPY OF SUCH
14 NOTICE IN A CONSPICUOUS PLACE AT THE ENTRANCE TO THE ESTABLISHMENT OR
15 PROPOSED ESTABLISHMENT WHERE IT CAN BE EASILY READ BY PASSERS-BY. THIS
16 NOTICE SHALL INCLUDE IN CLEAR AND CONCISE LANGUAGE A STATEMENT OF THE
17 USE AND CAPACITY OF THE ESTABLISHMENT. THE APPLICANT SHALL MAKE REASON-
18 ABLE EFFORTS TO INSURE SUCH NOTICE SHALL REMAIN POSTED UNTIL THE DATE OF
19 THE HEARING OR PUBLIC MEETING SPECIFIED IN SUCH NOTICE. ADDITIONALLY,
20 WITHIN TEN DAYS OF THE APPLICANT'S RECEIPT OF A WRITTEN REQUEST FROM THE
21 AUTHORITY, THE APPLICANT SHALL RE-POST SUCH NOTICE. THE AUTHORITY MAY
22 ADOPT SUCH RULES AS IT MAY DEEM NECESSARY TO CARRY OUT THE PURPOSE OF
23 THIS PARAGRAPH.
24 S 2. This act shall take effect on the ninetieth day after it shall
25 have become a law and shall apply to all applications or applications
26 for renewal made under section 64, 64-a, 64-b, 64-c or 64-d of the alco-
27 holic beverage control law for a license to sell liquor for consumption
28 that are pending before or filed with the state liquor authority on or
29 after such effective date; provided, however, that effective immediate-
30 ly, the addition, amendment and/or repeal of any rule or regulation
31 necessary for the implementation of this act on its effective date are
32 authorized and directed to be made and completed on or before such
33 effective date.
