Bill Text: NY A00584 | 2011-2012 | 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 2-0)
Status: (Introduced - Dead) 2012-05-30 - substituted by s575 [A00584 Detail]
Download: New_York-2011-A00584-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
584
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. LENTOL, V. LOPEZ -- read once and referred to the
Committee on Economic Development, Job Creation, Commerce and Industry
AN ACT to amend the alcoholic beverage control law, in relation to
procedures associated with issuing retail and special retail 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
20 REGARDING SAID LICENSE, UPON NOTICE TO THE APPLICANT AND THE MUNICI-
21 PALITY OR COMMUNITY BOARD. THE PUBLIC MEETING MAY BE RESCHEDULED,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03488-01-1
A. 584 2
1 ADJOURNED OR CONTINUED, AND THE AUTHORITY SHALL GIVE NOTICE TO THE
2 APPLICANT AND THE MUNICIPALITY OR COMMUNITY BOARD OF ANY SUCH RESCHED-
3 ULED, ADJOURNED OR CONTINUED PUBLIC MEETING. Notice to the municipality
4 or community board shall mean written notice mailed by the authority to
5 such municipality or community board at least fifteen days in advance of
6 any hearing scheduled pursuant to this paragraph. Upon the request of
7 the authority, any municipality or community board may waive the fifteen
8 day notice requirement. No premises having been granted a license pursu-
9 ant to this section shall be denied a renewal of such license upon the
10 grounds that such premises are within five hundred feet of a building or
11 buildings wherein three or more premises are licensed and operating
12 pursuant to this section and sections sixty-four-a, sixty-four-b,
13 sixty-four-c, and/or sixty-four-d of this article.
14 S 2. Paragraph (d) of subdivision 7 of section 64-a of the alcoholic
15 beverage control law, as amended by chapter 463 of the laws of 2009, is
16 amended to read as follows:
17 (d) Notwithstanding the provisions of subparagraph (ii) of paragraph
18 (a) of this subdivision, the authority may issue a license pursuant to
19 this section for a premises which shall be within five hundred feet of
20 three or more existing premises licensed and operating pursuant to this
21 section and sections sixty-four, sixty-four-b, sixty-four-c, and/or
22 sixty-four-d of this article if, after consultation with the munici-
23 pality or community board, it determines that granting such license
24 would be in the public interest. Before it may issue any such license,
25 the authority shall conduct a hearing, upon notice to the applicant and
26 the municipality or community board, and shall state and file in its
27 office its reasons therefor. Notice to the municipality or community
28 board shall mean written notice mailed by the authority to such munici-
29 pality or community board at least fifteen days in advance of any hear-
30 ing scheduled pursuant to this paragraph. Upon the request of the
31 authority, any municipality or community board may waive the fifteen day
32 notice requirement. THE HEARING MAY BE RESCHEDULED, ADJOURNED OR
33 CONTINUED, AND THE AUTHORITY SHALL GIVE NOTICE TO THE APPLICANT AND THE
34 MUNICIPALITY OR COMMUNITY BOARD OF ANY SUCH RESCHEDULED, ADJOURNED OR
35 CONTINUED HEARING. BEFORE THE AUTHORITY ISSUES ANY SAID LICENSE, THE
36 AUTHORITY OR ONE OR MORE OF THE COMMISSIONERS THEREOF MAY, IN ADDITION
37 TO THE HEARING REQUIRED BY THIS PARAGRAPH, ALSO CONDUCT A PUBLIC MEETING
38 REGARDING SAID LICENSE, UPON NOTICE TO THE APPLICANT AND THE MUNICI-
39 PALITY OR COMMUNITY BOARD. THE PUBLIC MEETING MAY BE RESCHEDULED,
40 ADJOURNED OR CONTINUED, AND THE AUTHORITY SHALL GIVE NOTICE TO THE
41 APPLICANT AND THE MUNICIPALITY OR COMMUNITY BOARD OF ANY SUCH RESCHED-
42 ULED, ADJOURNED OR CONTINUED PUBLIC MEETING. No premises having been
43 granted a license pursuant to this section shall be denied a renewal of
44 such license upon the grounds that such premises are within five hundred
45 feet of a building or buildings wherein three or more premises are
46 licensed and operating pursuant to this section and sections sixty-four,
47 sixty-four-b, sixty-four-c, and/or sixty-four-d of this article.
48 S 3. This act shall take effect on the ninetieth day after it shall
49 have become a law and shall apply to all applications for a retail
50 license, or special retail license, for on-premises consumption for
51 premises within five hundred feet of existing licensed premises that are
52 pending before or filed with the state liquor authority on or after such
53 effective date. Effective immediately any rules or regulations neces-
54 sary or convenient to implement the provisions of this act are author-
55 ized to be promulgated on or before such effective date.
