Authorizes the liquor authority to establish a liaison with each community board in the city of New York for matters relating to license or permit issuance, renewal, modification and alteration; clarifies the powers and duties of the New York alcoholic beverage control problem premises task force.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8921
SPONSOR: Kim TITLE OF BILL:
An act to amend the alcoholic beverage control law, in relation to
authorizing the establishment of a liaison between the state liquor
authority and local community boards, and the New York alcoholic bever-
age control problem premises task force
PURPOSE OR GENERAL IDEA OF BILL:
This bill authorizes the State Liquor Authority (SLA) to establish a
community liaison to help facilitate communication between the Authority
and the various Community Boards located in New York City. Facilitating
communication between the SLA and local New York City Community Boards
is important so that such community boards have a better idea of the
kinds of applications that are pending before the SLA. Further, it will
make it easier for the SLA to take into account the suggestions and
comments of each Community Board and individuals who live in the commu-
nities under the jurisdiction of such community boards with regards to
licenses and permits issued by the SLA for the consumption and sale of
alcoholic beverages.
SUMMARY OF PROVISIONS:
Section 1: Adds a new Alcoholic Beverage Control Law (ABC Law) section
110-c to authorize the SLA to establish the position of State Liquor
Authority Community Liaison for each community board in the City of New
York. The provisions for the creation and responsibilities of these
community liaison positions are as follows:
1. The authority shall appoint a community liaison for each community
board in the city of New York.
2. The community liaison is required, upon request of such community
board, to ensure that the.community board receives in a timely manner
all or a select number of notifications of license or permit issuance or
renewal that are required under the provisions of this chapter. To help
ensure that the number of notifications that are sent to the local
community board are meaningful, such board and the SLA can agree to send
only the most controversial notifications and hearing notices, such as
those related to large establishments that sell alcoholic beverages for
on-premises consumption.
3. The community liaison is responsible for:
(a) regularly attending the meetings of the community board for which he
or she is acting as the liaison, upon request of such community board;
(b) upon the request of the community board, attending at least once a
year, a community board meeting;
(c) submitting reports to the authority with respect to issues of
concern raised by the community board for which he or she is the liai-
son; and
(d), upon request of such community board, informing the community board
of regularly scheduled meetings of the Authority that would be of inter-
est to the local community and providing an agenda for such meeting at
least fifteen days prior to the meeting.
Section 2: Amends ABC Law section 131 to expand the kinds of actions
that are covered by the New York Alcoholic Beverage Control Problem
Premises Task Force to include not only problems occurring at establish-
ments that serve alcohol for on-premises consumption, but also those
situations that could potentially pose a significant threat to the
public health, safety, or welfare of the surrounding community.
JUSTIFICATION: The ABC law mandates that the New York State Liquor
Authority take 'into consideration the opinions of the Community Board
before a liquor license for any establishment is issued, modified,
altered, or renewed. The SLA does notify local community boards of pend-
ing applications, but Unfortunately, not with enough time for the commu-
nity board to provide meaningful comments on such applications, espe-
cially for those for licenses for on-premises consumption. Authorizing
the SLA to designate a community liaison for each community board should
help to facilitate communication between the SLA and community board.
This measure is a pro-active way to provide to the SLA meaningful commu-
nity input on applications for alcoholic beverage licenses and permits
before they are issued by the Authority.
PRIOR LEGISLATIVE HISTORY:
2021-22: A3303/Kim Referred to Economic Development, S3702/Comrie
Referred to Investigations & Government Operations
2019-20: A2244/Kim Referred to Economic Development, S5383/Comrie
Referred to Investigations & Government Operations
2018: A8329/Kim New Bill, 2017-18: S6516/Comrie Referred to Investi-
gations & Government Operations, 2018 Passed Senate
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
180 Days after it shall have become law.
STATE OF NEW YORK
________________________________________________________________________
8921
IN ASSEMBLY
January 26, 2024
___________
Introduced by M. of A. KIM -- read once and referred to the Committee on
Economic Development
AN ACT to amend the alcoholic beverage control law, in relation to
authorizing the establishment of a liaison between the state liquor
authority and local community boards, and the New York alcoholic
beverage control problem premises task force
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-d to read as follows:
3 § 110-d. Community liaison. 1. The authority is authorized to desig-
4 nate a community liaison for each community board located in the city of
5 New York.
6 2. The community liaison, upon request of a community board, shall
7 ensure that such board receives all or a select number of notifications
8 of relevant license and permit applications, hearing notices and license
9 or permit application dispositions related to license or permit issu-
10 ance, renewal, modifications or alterations that are required under the
11 provisions of this chapter.
12 3. The community liaison shall:
13 (a) attend a meeting of the community board, upon the request of such
14 board, for which he or she is acting as the liaison;
15 (b) attend, at least once each year, upon the request of each communi-
16 ty board, a meeting of such board, to help build a knowledgeable and
17 meaningful relationship between the authority and such board, and to
18 understand the issues faced by the surrounding community;
19 (c) submit reports to the authority with respect to issues or concerns
20 raised by such board; and
21 (d) upon request of the community board, notify such board of regular-
22 ly scheduled meetings of the authority that could be of interest to such
23 board and provide an agenda for such meeting at least fifteen days prior
24 to the meeting.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03545-01-3
A. 8921 2
1 § 2. Section 131 of the alcoholic beverage control law, as added by
2 section 1 of part J of chapter 56 of the laws of 2006, is amended to
3 read as follows:
4 § 131. New York alcoholic beverage control problem premises task
5 force. 1. There is hereby created within the authority the New York
6 alcoholic beverage control problem premises task force (hereinafter
7 "task force"), which shall consist of employees of the authority as
8 designated by the members of the authority, provided however, that the
9 task force shall include at least one investigator each from the Albany
10 office, [one investigator from] the Buffalo office, and [one investi-
11 gator from] the New York city office.
12 2. In any case where the authority receives notification from the
13 mayor, chief of police, police commissioner, sheriff, or local legisla-
14 tive body of any city, town or village which certifies that continued
15 operation of an on-premises establishment poses [a] an actual or poten-
16 tially significant threat to the public health, safety, or welfare
17 [requiring] of the surrounding community that requires immediate action,
18 the authority shall assign responsibility for conducting an investi-
19 gation concerning such premises to the task force. In the city of New
20 York, the community board established pursuant to section twenty-eight
21 hundred of the New York city charter with jurisdiction over the area in
22 which such premises is located shall be considered the appropriate local
23 legislative body.
24 3. Not more than fourteen calendar days after receipt by the authority
25 of a notification as provided in this section, the task force shall
26 commence an investigation into the operation of the establishment. The
27 task force shall complete its investigation and the authority shall
28 commence a disciplinary hearing proceeding pursuant to this chapter for
29 revocation or other appropriate action within forty-five calendar days,
30 unless the task force determines in written findings that more time is
31 needed to satisfactorily complete such investigation or that no disci-
32 plinary charges are warranted. Such extension of time for completion of
33 the investigation shall be for no more than sixty calendar days. A copy
34 of any such determination shall be sent to the mayor, chief of police,
35 police commissioner, sheriff, or local legislative body of the city,
36 town or village that filed the notification with the authority. The
37 authority shall notify the mayor, chief of police, police commissioner,
38 sheriff, or local legislative body of the city, town or village that
39 filed the notification to the authority of the final disposition of the
40 disciplinary proceeding within ten business days of the completion of
41 this process.
42 § 3. This act shall take effect on the one hundred eightieth day
43 after it shall have become a law.
