S T A T E O F N E W Y O R K
________________________________________________________________________
4227
2013-2014 Regular Sessions
I N A S S E M B L Y
February 1, 2013
___________
Introduced by M. of A. MOYA -- read once and referred to the Committee
on Economic Development
AN ACT to amend the alcoholic beverage control law, in relation to
creating a liaison between the state liquor authority and local commu-
nity boards and providing a sixty day notification period for communi-
ty boards before the issuance of a new license, renewal of a license
or alteration of a license
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The alcoholic beverage control law is amended by adding a
2 new section 110-c to read as follows:
3 S 110-C. AUTHORITY COMMUNITY LIAISON. 1. THE AUTHORITY SHALL APPOINT A
4 COMMUNITY LIAISON FOR EACH COMMUNITY BOARD IN THE CITY OF NEW YORK.
5 2. THE COMMUNITY LIAISON IS REQUIRED TO ENSURE THAT THE COMMUNITY
6 BOARD RECEIVES ALL PROPER NOTIFICATIONS OF LICENSE ISSUANCE, RENEWAL OR
7 ALTERATIONS THAT ARE REQUIRED UNDER THE PROVISIONS OF THIS CHAPTER.
8 3. THE COMMUNITY LIAISON IS RESPONSIBLE FOR:
9 (A) ATTENDING THE MEETINGS OF THE COMMUNITY BOARD, UPON THE REQUEST OF
10 SUCH COMMUNITY BOARD, FOR WHICH HE OR SHE IS ACTING AS THE LIAISON;
11 (B) SUBMITTING REPORTS TO THE AUTHORITY WITH RESPECT TO ISSUES OF
12 CONCERN OF THE COMMUNITY BOARD FOR WHICH HE OR SHE IS THE LIAISON;
13 (C) SUBMITTING ANY COMMUNITY BOARD RECOMMENDATIONS TO THE AUTHORITY;
14 AND
15 (D) INFORMING THE COMMUNITY BOARD OF EVERY REGULARLY SCHEDULED MEETING
16 OF THE LIQUOR AUTHORITY AND PROVIDING AN AGENDA FOR SUCH MEETING AT
17 LEAST FIFTEEN DAYS PRIOR TO THE MEETING.
18 S 2. The opening paragraph of subdivision 1 of section 110-b of the
19 alcoholic beverage control law, as amended by chapter 560 of the laws of
20 2011, is amended to read as follows:
21 Not less than thirty days before filing any of the following applica-
22 tions WITH THE STATE LIQUOR AUTHORITY IF A PREMISE IS LOCATED WITHIN A
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00320-01-3
A. 4227 2
1 MUNICIPALITY OR NOT LESS THAN SIXTY DAYS BEFORE FILING ANY OF THE
2 FOLLOWING APPLICATIONS WITH THE STATE LIQUOR AUTHORITY IF A PREMISE IS
3 LOCATED WITHIN THE CITY OF NEW YORK, an applicant shall notify the muni-
4 cipality OR THE COMMUNITY BOARD in which the premises is located of such
5 applicant's intent to file such an application:
6 S 3. Paragraph (f) of subdivision 7 of section 64 of the alcoholic
7 beverage control law, as amended by chapter 185 of the laws of 2012, is
8 amended to read as follows:
9 (f) 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 three or more exist-
12 ing premises licensed and operating pursuant to this section and
13 sections sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d
14 of this article if, after consultation with the municipality or communi-
15 ty board, it determines that granting such license would be in the
16 public interest. Before it may issue any such license, the authority
17 shall conduct a hearing, upon notice to the applicant and the munici-
18 pality or community board, and shall state and file in its office its
19 reasons therefor. The hearing may be rescheduled, adjourned or contin-
20 ued, and the authority shall give notice to the applicant and the muni-
21 cipality or community board of any such rescheduled, adjourned or
22 continued hearing. Before the authority issues any said license, the
23 authority or one or more of the commissioners thereof may, in addition
24 to the hearing required by this paragraph, also conduct a public meeting
25 regarding said license, upon notice to the applicant and the munici-
26 pality or community board. The public meeting may be rescheduled,
27 adjourned or continued, and the authority shall give notice to the
28 applicant and the municipality or community board of any such resched-
29 uled, adjourned or continued public meeting. Notice to the municipality
30 or community board shall mean written notice mailed by the authority to
31 such municipality [or community board] at least fifteen days in advance
32 OR TO SUCH COMMUNITY BOARD AT LEAST THIRTY DAYS IN ADVANCE of any hear-
33 ing scheduled pursuant to this paragraph. Upon the request of the
34 authority, any municipality [or community board] may waive the fifteen
35 day notice requirement OR ANY COMMUNITY BOARD MAY WAIVE THE THIRTY DAY
36 REQUIREMENT. No premises having been granted a license pursuant to this
37 section shall be denied a renewal of such license upon the grounds that
38 such premises are within five hundred feet of a building or buildings
39 wherein three or more premises are licensed and operating pursuant to
40 this section and sections sixty-four-a, sixty-four-b, sixty-four-c,
41 and/or sixty-four-d of this article.
42 S 4. Paragraph (d) of subdivision 7 of section 64-a of the alcoholic
43 beverage control law, as amended by chapter 185 of the laws of 2012, is
44 amended to read as follows:
45 (d) Notwithstanding the provisions of subparagraph (ii) of paragraph
46 (a) of this subdivision, the authority may issue a license pursuant to
47 this section for a premises which shall be within five hundred feet of
48 three or more existing premises licensed and operating pursuant to this
49 section and sections sixty-four, sixty-four-b, sixty-four-c, and/or
50 sixty-four-d of this article if, after consultation with the munici-
51 pality or community board, it determines that granting such license
52 would be in the public interest. Before it may issue any such license,
53 the authority shall conduct a hearing, upon notice to the applicant and
54 the municipality or community board, and shall state and file in its
55 office its reasons therefor. Notice to the municipality or community
56 board shall mean written notice mailed by the authority to such munici-
A. 4227 3
1 pality [or community board] at least fifteen days in advance OR TO SUCH
2 COMMUNITY BOARD AT LEAST THIRTY DAYS IN ADVANCE of any hearing scheduled
3 pursuant to this paragraph. Upon the request of the authority, any muni-
4 cipality [or community board] may waive the fifteen day notice require-
5 ment OR ANY COMMUNITY BOARD MAY WAIVE THE THIRTY DAY NOTICE REQUIREMENT.
6 The hearing may be rescheduled, adjourned or continued, and the authori-
7 ty shall give notice to the applicant and the municipality or community
8 board of any such rescheduled, adjourned or continued hearing. Before
9 the authority issues any said license, the authority or one or more of
10 the commissioners thereof may, in addition to the hearing required by
11 this paragraph, also conduct a public meeting regarding said license,
12 upon notice to the applicant and the municipality or community board.
13 The public meeting may be rescheduled, adjourned or continued, and the
14 authority shall give notice to the applicant and the municipality or
15 community board of any such rescheduled, adjourned or continued public
16 meeting. No premises having been granted a license pursuant to this
17 section shall be denied a renewal of such license upon the grounds that
18 such premises are within five hundred feet of a building or buildings
19 wherein three or more premises are licensed and operating pursuant to
20 this section and sections sixty-four, sixty-four-b, sixty-four-c, and/or
21 sixty-four-d of this article.
22 S 5. Paragraph (c) of subdivision 11 of section 64-c of the alcoholic
23 beverage control law, as amended by chapter 185 of the laws of 2012, is
24 amended to read as follows:
25 (c) Notwithstanding the provisions of subparagraph (ii) of paragraph
26 (a) of this subdivision, the authority may issue a license pursuant to
27 this section for a premises which shall be within five hundred feet of
28 three or more existing premises licensed and operating pursuant to this
29 section and sections sixty-four, sixty-four-a, sixty-four-b and/or
30 sixty-four-d of this article if, after consultation with the munici-
31 pality or community board, it determines that granting such license
32 would be in the public interest. Before it may issue any such license,
33 the authority shall conduct a hearing, upon notice to the applicant and
34 the municipality or community board, and shall state and file in its
35 office its reasons therefor. The hearing may be rescheduled, adjourned
36 or continued, and the authority shall give notice to the applicant and
37 the municipality or community board of any such rescheduled, adjourned
38 or continued hearing. Before the authority issues any said license, the
39 authority or one or more of the commissioners thereof may, in addition
40 to the hearing required by this paragraph, also conduct a public meeting
41 regarding said license, upon notice to the applicant and the munici-
42 pality or community board. The public meeting may be rescheduled,
43 adjourned or continued, and the authority shall give notice to the
44 applicant and the municipality or community board of any such resched-
45 uled, adjourned or continued public meeting. Notice to the municipality
46 or community board shall mean written notice mailed by the authority to
47 such municipality [or community board] at least fifteen days in advance
48 OR TO SUCH COMMUNITY BOARD AT LEAST THIRTY DAYS IN ADVANCE of any hear-
49 ing scheduled pursuant to this paragraph. Upon the request of the
50 authority, any municipality [or community board] may waive the fifteen
51 day notice requirement OR ANY COMMUNITY BOARD MAY WAIVE THE THIRTY DAY
52 NOTICE REQUIREMENT. No premises having been granted a license pursuant
53 to this section shall be denied a renewal of such license upon the
54 grounds that such premises are within five hundred feet of a building or
55 buildings wherein three or more premises are operating and licensed
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1 pursuant to this section or sections sixty-four, sixty-four-a, sixty-
2 four-b and/or sixty-four-d of this article.
3 S 6. This act shall take effect immediately; provided that if this act
4 takes effect before the effective date of chapter 185 of the laws of
5 2012, then sections three, four and five of this act shall take effect
6 on the same date and in the same manner as such chapter of the laws of
7 2012.