Bill Text: NY S07707 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to license applications; requires applicants for such licenses to be furnished with a receipt for the appropriate fee; requires the authority's public website to be updated daily with the status of all open license applications and an estimated date of determination.

Spectrum: Bipartisan Bill

Status: (Passed) 2022-02-24 - SIGNED CHAP.76 [S07707 Detail]

Download: New_York-2021-S07707-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7707

                    IN SENATE

                                     January 7, 2022
                                       ___________

        Introduced  by  Sen.  RYAN  --  read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
          license applications

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivisions 2, 3 and 4 of section 110-c of  the  alcoholic
     2  beverage control law, as added by a chapter of the laws of 2021 amending
     3  the alcoholic beverage control law relating to license and permit appli-
     4  cations,  as  proposed in legislative bills numbers S. 5764 and A.  597,
     5  are amended to read as follows:
     6    2. The authority shall make available to the public  on  its  [public]
     7  website a daily updated list or lists of all [open] pending license [and
     8  permit]  applications [received by the authority, in the order that they
     9  are received]. Such list shall [utilize] include the serial, certificate
    10  or other identifying number assigned by the authority[, as  provided  by
    11  subdivision  one  of  section one hundred fourteen-a of this article, to
    12  provide the applicant with information on the status of  their  applica-
    13  tion's  review.  Such  list  on  the  authority's  public  website shall
    14  include, but not be limited to, the following information:]; the  status
    15  of  the  application;  the  name  [and]  of  the applicant; the complete
    16  address, including county, of the [applicant] applied for premises; [the
    17  county of the applicant;] the license type and class  the  applicant  is
    18  seeking;  the  date such application [has been] was received [and if any
    19  license or permit fee has been paid]; based on the date submitted,    an
    20  estimated timeframe, [in weeks] specified as a date, for [an application
    21  final]  a  determination  on the application. For any unreasonable delay
    22  that is caused solely by an action of the authority, this timeframe will
    23  be updated;  [if the initial timeframe needs to be revised,  then  modi-
    24  fied  timeframe  going  forward  shall be posted and denoted in the same
    25  manner; and] if the  authority  has  issued  any  temporary  permit  [or
    26  license]  for the [applicant's] premises related to the current applica-
    27  tion; and the final date of an applications determination.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01294-02-2
        S. 7707                             2

     1    3. The authority shall maintain a record of the number of licenses [or
     2  permits] applied for and the length of time required for the approval or
     3  denial of such licenses [or permits] on its public website. Such records
     4  shall be updated at least monthly by the authority.
     5    4.  [If an applicant's estimated time for a final application determi-
     6  nation is modified from the original estimate as provided for in  subdi-
     7  vision  one  of section one hundred fourteen-a of this article, then the
     8  authority shall immediately notify the applicant] The  authority  shall,
     9  where  feasible  and resources permitting, develop or cause to be devel-
    10  oped up-grades to their information technology systems that will  enable
    11  greater  transparency  for  applicants with respect to their application
    12  status and estimated processing  times  for  final  determination  on  a
    13  license application.
    14    § 2.  Subdivision 1 of section 114-a of the alcoholic beverage control
    15  law,  as  added  by a chapter of the laws of 2021 amending the alcoholic
    16  beverage control law relating to license  and  permit  applications,  as
    17  proposed  in legislative bills numbers S. 5764 and A. 597, is amended to
    18  read as follows:
    19    1. The authority upon [acceptance of any payment by an applicant for a
    20  license or permit issued under this chapter]  receiving  an  application
    21  and appropriate payment shall [furnish such], to the extent practicable,
    22  provide  the applicant with a receipt within [fifteen] twenty-five busi-
    23  ness days [indicating that the appropriate license  or  permit  fee  has
    24  been accepted and paid in full].  Such receipt shall include the date of
    25  acceptance  of  such [license or permit] application [fee] as well as an
    26  estimated length of time[, based on an initial review of the application
    27  for a license or permit,] necessary for  the  authority  to  review  and
    28  [process]  make a determination on such application [as required for the
    29  approval or denial of such license  or  permit].    Such  receipt  shall
    30  include  a  unique serial, certification or other identifying number [to
    31  be assigned by the authority to the applicant  for  queries  about  such
    32  license or permit application status].
    33    §  3.  This  act  shall  take  effect on the same date and in the same
    34  manner as a chapter of the laws of 2021 amending the alcoholic  beverage
    35  control  law relating to license and permit applications, as proposed in
    36  legislative bills numbers S. 5764 and A. 597, takes effect.