Bill Text: NY S00575 | 2009-2010 | General Assembly | Introduced
Bill Title: Revises procedures regarding the issuance of retail and special retail liquor, bottle club, restaurant-brewer and cabaret 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 hearing which the authority is required to hold before issuing such a license may be rescheduled, adjourned or continued and that the authority must give notice to the applicant and the municipality or community board of such rescheduled, adjourned or continued hearing; and provides that the authority or commissioners thereof may also hold a public meeting in connection with issuance of such a license which may also be rescheduled, adjourned or continued, and that the authority must give notice to the applicant and the municipality or community board of the meeting including any rescheduled, adjourned or continued meeting.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2011-01-05 - REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS [S00575 Detail]
Download: New_York-2009-S00575-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
575
2011-2012 Regular Sessions
I N S E N A T E
(PREFILED)
January 5, 2011
___________
Introduced by Sens. KLEIN, HASSELL-THOMPSON, KRUEGER -- read twice and
ordered printed, and when printed to be committed to the Committee on
Commerce, Economic Development and Small Business
AN ACT to amend the alcoholic beverage control law, in relation to
procedures associated with issuing retail, special retail, bottle
club, restaurant-brewer and cabaret 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 463 of the laws of
3 2009, 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03488-02-1
S. 575 2
1 REGARDING SAID LICENSE, UPON NOTICE TO THE APPLICANT AND THE MUNICI-
2 PALITY OR COMMUNITY BOARD. THE PUBLIC MEETING MAY BE RESCHEDULED,
3 ADJOURNED OR CONTINUED, AND THE AUTHORITY SHALL GIVE NOTICE TO THE
4 APPLICANT AND THE MUNICIPALITY OR COMMUNITY BOARD OF ANY SUCH RESCHED-
5 ULED, ADJOURNED OR CONTINUED PUBLIC MEETING. Notice to the municipality
6 or community board shall mean written notice mailed by the authority to
7 such municipality or community board at least fifteen days in advance of
8 any hearing scheduled pursuant to this paragraph. Upon the request of
9 the authority, any municipality or community board may waive the fifteen
10 day notice requirement. No premises having been granted a license pursu-
11 ant to this section shall be denied a renewal of such license upon the
12 grounds that such premises are within five hundred feet of a building or
13 buildings wherein three or more premises are licensed and operating
14 pursuant to this section and sections sixty-four-a, sixty-four-b,
15 sixty-four-c, and/or sixty-four-d of this article.
16 S 2. Paragraph (d) of subdivision 7 of section 64-a of the alcoholic
17 beverage control law, as amended by chapter 463 of the laws of 2009, is
18 amended to read as follows:
19 (d) Notwithstanding the provisions of subparagraph (ii) of paragraph
20 (a) of this subdivision, the authority may issue a license pursuant to
21 this section for a premises which shall be within five hundred feet of
22 three or more existing premises licensed and operating pursuant to this
23 section and sections sixty-four, sixty-four-b, sixty-four-c, and/or
24 sixty-four-d of this article if, after consultation with the munici-
25 pality or community board, it determines that granting such license
26 would be in the public interest. Before it may issue any such license,
27 the authority shall conduct a hearing, upon notice to the applicant and
28 the municipality or community board, and shall state and file in its
29 office its reasons therefor. Notice to the municipality or community
30 board shall mean written notice mailed by the authority to such munici-
31 pality or community board at least fifteen days in advance of any hear-
32 ing scheduled pursuant to this paragraph. Upon the request of the
33 authority, any municipality or community board may waive the fifteen day
34 notice requirement. THE HEARING MAY BE RESCHEDULED, ADJOURNED OR
35 CONTINUED, AND THE AUTHORITY SHALL GIVE NOTICE TO THE APPLICANT AND THE
36 MUNICIPALITY OR COMMUNITY BOARD OF ANY SUCH RESCHEDULED, ADJOURNED OR
37 CONTINUED HEARING. BEFORE THE AUTHORITY ISSUES ANY SAID LICENSE, THE
38 AUTHORITY OR ONE OR MORE OF THE COMMISSIONERS THEREOF MAY, IN ADDITION
39 TO THE HEARING REQUIRED BY THIS PARAGRAPH, ALSO CONDUCT A PUBLIC MEETING
40 REGARDING SAID LICENSE, UPON NOTICE TO THE APPLICANT AND THE MUNICI-
41 PALITY OR COMMUNITY BOARD. THE PUBLIC MEETING MAY BE RESCHEDULED,
42 ADJOURNED OR CONTINUED, AND THE AUTHORITY SHALL GIVE NOTICE TO THE
43 APPLICANT AND THE MUNICIPALITY OR COMMUNITY BOARD OF ANY SUCH RESCHED-
44 ULED, ADJOURNED OR CONTINUED PUBLIC MEETING. No premises having been
45 granted a license pursuant to this section shall be denied a renewal of
46 such license upon the grounds that such premises are within five hundred
47 feet of a building or buildings wherein three or more premises are
48 licensed and operating pursuant to this section and sections sixty-four,
49 sixty-four-b, sixty-four-c, and/or sixty-four-d of this article.
50 S 3. Paragraph (c) of subdivision 5 of section 64-b of the alcoholic
51 beverage control law, as amended by chapter 463 of the laws of 2009, is
52 amended to read as follows:
53 (c) Notwithstanding the provisions of subparagraph (ii) of paragraph
54 (a) of this subdivision, the authority may issue a license pursuant to
55 this section for a premises which shall be within five hundred feet of
56 three or more existing premises licensed and operating pursuant to this
S. 575 3
1 section and sections sixty-four, sixty-four-a, sixty-four-c, and/or
2 sixty-four-d of this article if, after consultation with the munici-
3 pality or community board, it determines that granting such license
4 would be in the public interest. Before it may issue any such license,
5 the authority shall conduct a hearing, upon notice to the applicant and
6 the municipality or community board, and shall state and file in its
7 office its reasons therefor. THE HEARING MAY BE RESCHEDULED, ADJOURNED
8 OR CONTINUED, AND THE AUTHORITY SHALL GIVE NOTICE TO THE APPLICANT AND
9 THE MUNICIPALITY OR COMMUNITY BOARD OF ANY SUCH RESCHEDULED, ADJOURNED
10 OR CONTINUED HEARING. BEFORE THE AUTHORITY ISSUES ANY SAID LICENSE, THE
11 AUTHORITY OR ONE OR MORE OF THE COMMISSIONERS THEREOF MAY, IN ADDITION
12 TO THE HEARING REQUIRED BY THIS PARAGRAPH, ALSO CONDUCT A PUBLIC MEETING
13 REGARDING SAID LICENSE, UPON NOTICE TO THE APPLICANT AND THE MUNICI-
14 PALITY OR COMMUNITY BOARD. THE PUBLIC MEETING MAY BE RESCHEDULED,
15 ADJOURNED OR CONTINUED, AND THE AUTHORITY SHALL GIVE NOTICE TO THE
16 APPLICANT AND THE MUNICIPALITY OR COMMUNITY BOARD OF ANY SUCH RESCHED-
17 ULED, ADJOURNED OR CONTINUED PUBLIC MEETING. Notice to the municipality
18 or community board shall mean written notice mailed by the authority to
19 such municipality or community board at least fifteen days in advance of
20 any hearing scheduled pursuant to this paragraph. Upon the request of
21 the authority, any municipality or community board may waive the fifteen
22 day notice requirement. No premises having been granted a license pursu-
23 ant to this section shall be denied a renewal of such license upon the
24 grounds that such premises are within five hundred feet of a building or
25 buildings wherein three or more premises are licensed and operating
26 pursuant to this section and sections sixty-four, sixty-four-a, sixty-
27 four-c, and/or sixty-four-d of this article.
28 S 4. Paragraph (c) of subdivision 11 of section 64-c of the alcoholic
29 beverage control law, as amended by chapter 463 of the laws of 2009, is
30 amended to read as follows:
31 (c) Notwithstanding the provisions of subparagraph (ii) of paragraph
32 (a) of this subdivision, the authority may issue a license pursuant to
33 this section for a premises which shall be within five hundred feet of
34 three or more existing premises licensed and operating pursuant to this
35 section and sections sixty-four, sixty-four-a, sixty-four-b and/or
36 sixty-four-d of this article if, after consultation with the munici-
37 pality or community board, it determines that granting such license
38 would be in the public interest. Before it may issue any such license,
39 the authority shall conduct a hearing, upon notice to the applicant and
40 the municipality or community board, and shall state and file in its
41 office its reasons therefor. THE HEARING MAY BE RESCHEDULED, ADJOURNED
42 OR CONTINUED, AND THE AUTHORITY SHALL GIVE NOTICE TO THE APPLICANT AND
43 THE MUNICIPALITY OR COMMUNITY BOARD OF ANY SUCH RESCHEDULED, ADJOURNED
44 OR CONTINUED HEARING. BEFORE THE AUTHORITY ISSUES ANY SAID LICENSE, THE
45 AUTHORITY OR ONE OR MORE OF THE COMMISSIONERS THEREOF MAY, IN ADDITION
46 TO THE HEARING REQUIRED BY THIS PARAGRAPH, ALSO CONDUCT A PUBLIC MEETING
47 REGARDING SAID LICENSE, UPON NOTICE TO THE APPLICANT AND THE MUNICI-
48 PALITY OR COMMUNITY BOARD. THE PUBLIC MEETING MAY BE RESCHEDULED,
49 ADJOURNED OR CONTINUED, AND THE AUTHORITY SHALL GIVE NOTICE TO THE
50 APPLICANT AND THE MUNICIPALITY OR COMMUNITY BOARD OF ANY SUCH RESCHED-
51 ULED, ADJOURNED OR CONTINUED PUBLIC MEETING. Notice to the municipality
52 or community board shall mean written notice mailed by the authority to
53 such municipality or community board at least fifteen days in advance of
54 any hearing scheduled pursuant to this paragraph. Upon the request of
55 the authority, any municipality or community board may waive the fifteen
56 day notice requirement. No premises having been granted a license pursu-
S. 575 4
1 ant to this section shall be denied a renewal of such license upon the
2 grounds that such premises are within five hundred feet of a building or
3 buildings wherein three or more premises are operating and licensed
4 pursuant to this section or sections sixty-four, sixty-four-a, sixty-
5 four-b and/or sixty-four-d of this article.
6 S 5. Paragraph (e) of subdivision 8 of section 64-d of the alcoholic
7 beverage control law, as amended by chapter 463 of the laws of 2009, is
8 amended to read as follows:
9 (e) notwithstanding the provisions of paragraph (b) of this subdivi-
10 sion, the authority may issue a license pursuant to this section for a
11 premises which shall be within five hundred feet of an existing premises
12 licensed and operating pursuant to the provisions of this section or
13 within five hundred feet of three or more existing premises licensed and
14 operating pursuant to this section and sections sixty-four,
15 sixty-four-a, sixty-four-b, and/or sixty-four-c of this article if,
16 after consultation with the municipality or community board, it deter-
17 mines that granting such license would be in the public interest.
18 Before it may issue any such license, the authority shall conduct a
19 hearing, upon notice to the applicant and the municipality or community
20 board, and shall state and file in its office its reasons therefor. THE
21 HEARING MAY BE RESCHEDULED, ADJOURNED OR CONTINUED, AND THE AUTHORITY
22 SHALL GIVE NOTICE TO THE APPLICANT AND THE MUNICIPALITY OR COMMUNITY
23 BOARD OF ANY SUCH RESCHEDULED, ADJOURNED OR CONTINUED HEARING. BEFORE
24 THE AUTHORITY ISSUES ANY SAID LICENSE, THE AUTHORITY OR ONE OR MORE OF
25 THE COMMISSIONERS THEREOF MAY, IN ADDITION TO THE HEARING REQUIRED BY
26 THIS PARAGRAPH, ALSO CONDUCT A PUBLIC MEETING REGARDING SAID LICENSE,
27 UPON NOTICE TO THE APPLICANT AND THE MUNICIPALITY OR COMMUNITY BOARD.
28 THE PUBLIC MEETING MAY BE RESCHEDULED, ADJOURNED OR CONTINUED, AND THE
29 AUTHORITY SHALL GIVE NOTICE TO THE APPLICANT AND THE MUNICIPALITY OR
30 COMMUNITY BOARD OF ANY SUCH RESCHEDULED, ADJOURNED OR CONTINUED PUBLIC
31 MEETING. Notice to the municipality or community board shall mean writ-
32 ten notice mailed by the authority to such municipality or community
33 board at least fifteen days in advance of any hearing scheduled pursuant
34 to this paragraph. Upon the request of the authority, any municipality
35 or community board may waive the fifteen day notice requirement. No
36 premises having been granted a license pursuant to this section shall be
37 denied a renewal of such license upon the grounds that such premises are
38 within five hundred feet of an existing premises licensed and operating
39 pursuant to the provisions of this section or within five hundred feet
40 of a building or buildings wherein three or more premises are licensed
41 and operating pursuant to this section and sections sixty-four, sixty-
42 four-a, sixty-four-b, and/or sixty-four-c of this article.
43 S 6. This act shall take effect on the one hundred eightieth day after
44 it shall have become a law and shall apply to all applications for a
45 retail license, special retail license, bottle club license, restau-
46 rant-brewer license or cabaret license, for on-premises consumption of
47 alcoholic beverages for premises within five hundred feet of existing
48 licensed premises that are pending before or filed with the state liquor
49 authority on or after such effective date. Effective immediately any
50 rules or regulations necessary or convenient to implement the provisions
51 of this act are authorized to be promulgated on or before such effective
52 date.
