STATE OF NEW YORK ________________________________________________________________________ 2913 2019-2020 Regular Sessions IN SENATE January 30, 2019 ___________ Introduced by Sens. HOYLMAN, SEPULVEDA -- read twice and ordered print- ed, 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 authorizing the imposition of certain terms and conditions as part of certain licenses for on-premises consumption The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 55 of the alcoholic beverage control law is amended 2 by adding a new subdivision 4 to read as follows: 3 4. The authority may include, as part of a license under this section, 4 terms and conditions for the purpose of assuring that the licensed prem- 5 ises are operated in accordance with applicable law and consistent with 6 public convenience and advantage. Prior to including terms and condi- 7 tions in a license, the authority shall consult with the applicant and 8 any party entitled to receive notice of the application. The terms and 9 conditions shall be legally enforceable in the same manner as applicable 10 provisions of this chapter or regulations of the authority. 11 § 2. Section 55-a of the alcoholic beverage control law is amended by 12 adding a new subdivision 3 to read as follows: 13 3. The authority may include, as part of a license under this section, 14 terms and conditions for the purpose of assuring that the licensed prem- 15 ises are operated in accordance with applicable law and consistent with 16 public convenience and advantage. Prior to including terms and condi- 17 tions in a license, the authority shall consult with the applicant and 18 any party entitled to receive notice of the application. The terms and 19 conditions shall be legally enforceable in the same manner as applicable 20 provisions of this chapter or regulations of the authority. 21 § 3. Section 64 of the alcoholic beverage control law is amended by 22 adding a new subdivision 10 to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03398-01-9S. 2913 2 1 10. The authority may include, as part of a license under this 2 section, terms and conditions for the purpose of assuring that the 3 licensed premises are operated in accordance with applicable law and 4 consistent with the public interest. Prior to including terms and condi- 5 tions in a license, the authority shall consult with the applicant and 6 any party entitled to receive notice of the application. The terms and 7 conditions shall be legally enforceable in the same manner as applicable 8 provisions of this chapter or regulations of the authority. 9 § 4. Section 64-a of the alcoholic beverage control law is amended by 10 adding a new subdivision 5-a to read as follows: 11 5-a. The authority may include, as part of a license under this 12 section, terms and conditions for the purpose of assuring that the 13 licensed premises are operated in accordance with applicable law and 14 consistent with the public interest. Prior to including terms and condi- 15 tions in a license, the authority shall consult with the applicant and 16 any party entitled to receive notice of the application. The terms and 17 conditions shall be legally enforceable in the same manner as applicable 18 provisions of this chapter or regulations of the authority. 19 § 5. Section 64-b of the alcoholic beverage control law is amended by 20 adding a new subdivision 5-a to read as follows: 21 5-a. The authority may include, as part of a license under this 22 section, terms and conditions for the purpose of assuring that the 23 licensed premises are operated in accordance with applicable law and 24 consistent with the public interest. Prior to including terms and condi- 25 tions in a license, the authority shall consult with the applicant and 26 any party entitled to receive notice of the application. The terms and 27 conditions shall be legally enforceable in the same manner as applicable 28 provisions of this chapter or regulations of the authority. 29 § 6. Section 64-c of the alcoholic beverage control law is amended by 30 adding a new subdivision 5-a to read as follows: 31 5-a. The authority may include, as part of a license under this 32 section, terms and conditions for the purpose of assuring that the 33 licensed premises are operated in accordance with applicable law and 34 consistent with the public interest. Prior to including terms and condi- 35 tions in a license, the authority shall consult with the applicant and 36 any party entitled to receive notice of the application. The terms and 37 conditions shall be legally enforceable in the same manner as applicable 38 provisions of this chapter or regulations of the authority. 39 § 7. Section 64-d of the alcoholic beverage control law is amended by 40 adding a new subdivision 5-a to read as follows: 41 5-a. The authority may include, as part of a license under this 42 section, terms and conditions for the purpose of assuring that the 43 licensed premises are operated in accordance with applicable law and 44 consistent with the public interest. Prior to including terms and condi- 45 tions in a license, the authority shall consult with the applicant and 46 any party entitled to receive notice of the application. The terms and 47 conditions shall be legally enforceable in the same manner as applicable 48 provisions of this chapter or regulations of the authority. 49 § 8. Section 81 of the alcoholic beverage control law is amended by 50 adding a new subdivision 5 to read as follows: 51 5. The authority may include, as part of a license under this section, 52 terms and conditions for the purpose of assuring that the licensed prem- 53 ises are operated in accordance with applicable law and consistent with 54 public convenience and advantage. Prior to including terms and condi- 55 tions in a license, the authority shall consult with the applicant and 56 any party entitled to receive notice of the application. The terms andS. 2913 3 1 conditions shall be legally enforceable in the same manner as applicable 2 provisions of this chapter or regulations of the authority. 3 § 9. Section 81-a of the alcoholic beverage control law is amended by 4 adding a new subdivision 5 to read as follows: 5 5. The authority may include, as part of a license under this section, 6 terms and conditions for the purpose of assuring that the licensed prem- 7 ises are operated in accordance with applicable law and consistent with 8 public convenience and advantage. Prior to including terms and condi- 9 tions in a license, the authority shall consult with the applicant and 10 any party entitled to receive notice of the application. The terms and 11 conditions shall be legally enforceable in the same manner as applicable 12 provisions of this chapter or regulations of the authority. 13 § 10. This act shall take effect immediately.