Bill Text: NY S00344 | 2017-2018 | General Assembly | Introduced
Bill Title: Creates a state liquor authority community liaison to act between the state liquor authority and community boards of the city of New York; requires the community boards to be given at least sixty days notice before any wine, beer, or liquor license is issued, renewed, or altered within the boundaries of such community board.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-01-03 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S00344 Detail]
Download: New_York-2017-S00344-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 344 2017-2018 Regular Sessions IN SENATE (Prefiled) January 4, 2017 ___________ Introduced by Sen. PERALTA -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment Operations 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 § 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 § 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: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00065-01-7S. 344 2 1 Not less than thirty days before filing any of the following applica- 2 tions with the state liquor authority if a premises is located within a 3 municipality or not less than sixty days before filing any of the 4 following applications with the state liquor authority if a premises is 5 located within the city of New York, an applicant shall notify the muni- 6 cipality or the community board in which the premises is located of such 7 applicant's intent to file such an application: 8 § 3. Paragraph (f) of subdivision 7 of section 64 of the alcoholic 9 beverage control law, as amended by chapter 185 of the laws of 2012, is 10 amended to read as follows: 11 (f) Notwithstanding the provisions of paragraph (b) of this subdivi- 12 sion, the authority may issue a license pursuant to this section for a 13 premises which shall be within five hundred feet of three or more exist- 14 ing premises licensed and operating pursuant to this section and 15 sections sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d 16 of this article if, after consultation with the municipality or communi- 17 ty board, it determines that granting such license would be in the 18 public interest. Before it may issue any such license, the authority 19 shall conduct a hearing, upon notice to the applicant and the munici- 20 pality or community board, and shall state and file in its office its 21 reasons therefor. The hearing may be rescheduled, adjourned or contin- 22 ued, and the authority shall give notice to the applicant and the muni- 23 cipality or community board of any such rescheduled, adjourned or 24 continued hearing. Before the authority issues any said license, the 25 authority or one or more of the commissioners thereof may, in addition 26 to the hearing required by this paragraph, also conduct a public meeting 27 regarding said license, upon notice to the applicant and the munici- 28 pality or community board. The public meeting may be rescheduled, 29 adjourned or continued, and the authority shall give notice to the 30 applicant and the municipality or community board of any such resched- 31 uled, adjourned or continued public meeting. Notice to the municipality 32 or community board shall mean written notice mailed by the authority to 33 such municipality [or community board] at least fifteen days in advance 34 or to such community board at least thirty days in advance of any hear- 35 ing scheduled pursuant to this paragraph. Upon the request of the 36 authority, any municipality [or community board] may waive the fifteen 37 day notice requirement or any community board may waive the thirty day 38 requirement. No premises having been granted a license pursuant to this 39 section shall be denied a renewal of such license upon the grounds that 40 such premises are within five hundred feet of a building or buildings 41 wherein three or more premises are licensed and operating pursuant to 42 this section and sections sixty-four-a, sixty-four-b, sixty-four-c, 43 and/or sixty-four-d of this article. 44 § 4. Paragraph (d) of subdivision 7 of section 64-a of the alcoholic 45 beverage control law, as amended by chapter 185 of the laws of 2012, is 46 amended to read as follows: 47 (d) Notwithstanding the provisions of subparagraph (ii) of paragraph 48 (a) of this subdivision, the authority may issue a license pursuant to 49 this section for a premises which shall be within five hundred feet of 50 three or more existing premises licensed and operating pursuant to this 51 section and sections sixty-four, sixty-four-b, sixty-four-c, and/or 52 sixty-four-d of this article if, after consultation with the munici- 53 pality or community board, it determines that granting such license 54 would be in the public interest. Before it may issue any such license, 55 the authority shall conduct a hearing, upon notice to the applicant and 56 the municipality or community board, and shall state and file in itsS. 344 3 1 office its reasons therefor. Notice to the municipality or community 2 board shall mean written notice mailed by the authority to such munici- 3 pality [or community board] at least fifteen days in advance or to such 4 community board at least thirty days in advance of any hearing scheduled 5 pursuant to this paragraph. Upon the request of the authority, any muni- 6 cipality [or community board] may waive the fifteen day notice require- 7 ment or any community board may waive the thirty day notice requirement. 8 The hearing may be rescheduled, adjourned or continued, and the authori- 9 ty shall give notice to the applicant and the municipality or community 10 board of any such rescheduled, adjourned or continued hearing. Before 11 the authority issues any said license, the authority or one or more of 12 the commissioners thereof may, in addition to the hearing required by 13 this paragraph, also conduct a public meeting regarding said license, 14 upon notice to the applicant and the municipality or community board. 15 The public meeting may be rescheduled, adjourned or continued, and the 16 authority shall give notice to the applicant and the municipality or 17 community board of any such rescheduled, adjourned or continued public 18 meeting. No premises having been granted a license pursuant to this 19 section shall be denied a renewal of such license upon the grounds that 20 such premises are within five hundred feet of a building or buildings 21 wherein three or more premises are licensed and operating pursuant to 22 this section and sections sixty-four, sixty-four-b, sixty-four-c, and/or 23 sixty-four-d of this article. 24 § 5. Paragraph (c) of subdivision 11 of section 64-c of the alcoholic 25 beverage control law, as amended by chapter 185 of the laws of 2012, is 26 amended to read as follows: 27 (c) Notwithstanding the provisions of subparagraph (ii) of paragraph 28 (a) of this subdivision, the authority may issue a license pursuant to 29 this section for a premises which shall be within five hundred feet of 30 three or more existing premises licensed and operating pursuant to this 31 section and sections sixty-four, sixty-four-a, sixty-four-b and/or 32 sixty-four-d of this article if, after consultation with the munici- 33 pality or community board, it determines that granting such license 34 would be in the public interest. Before it may issue any such license, 35 the authority shall conduct a hearing, upon notice to the applicant and 36 the municipality or community board, and shall state and file in its 37 office its reasons therefor. The hearing may be rescheduled, adjourned 38 or continued, and the authority shall give notice to the applicant and 39 the municipality or community board of any such rescheduled, adjourned 40 or continued hearing. Before the authority issues any said license, the 41 authority or one or more of the commissioners thereof may, in addition 42 to the hearing required by this paragraph, also conduct a public meeting 43 regarding said license, upon notice to the applicant and the munici- 44 pality or community board. The public meeting may be rescheduled, 45 adjourned or continued, and the authority shall give notice to the 46 applicant and the municipality or community board of any such resched- 47 uled, adjourned or continued public meeting. Notice to the municipality 48 or community board shall mean written notice mailed by the authority to 49 such municipality [or community board] at least fifteen days in advance 50 or to such community board at least thirty days in advance of any hear- 51 ing scheduled pursuant to this paragraph. Upon the request of the 52 authority, any municipality [or community board] may waive the fifteen 53 day notice requirement or any community board may waive the thirty day 54 notice requirement. No premises having been granted a license pursuant 55 to this section shall be denied a renewal of such license upon the 56 grounds that such premises are within five hundred feet of a building orS. 344 4 1 buildings wherein three or more premises are operating and licensed 2 pursuant to this section or sections sixty-four, sixty-four-a, sixty- 3 four-b and/or sixty-four-d of this article. 4 § 6. This act shall take effect immediately.
