A03908 Summary:

BILL NO    A03908 

SAME AS    SAME AS S00342

SPONSOR    Gottfried (MS)

COSPNSR    Cook, Glick, Ortiz, Galef, Schimel, Weprin

MLTSPNSR   Brennan, Clark, Colton, Cymbrowitz, Dinowitz, Hooper, Markey,
           McDonald, Paulin, Rosenthal, Rozic, Scarborough

Amd SS55, 55-a, 64, 64-a, 64-b, 64-c, 64-d, 81 & 81-a, ABC L

Provides that the state liquor authority may, with the consent of the
applicant, include certain terms and conditions as part of various licenses for
on-premises consumption of beer and liquor for the purpose of assuring that the
licensed premises are operated in accordance with law and consistent with the
public interest; provides that prior to including terms and conditions in a
license, the authority shall consult with the applicant and any party entitled
to receive notice of the application; and provides that the terms and
conditions shall be legally enforceable in the same manner as applicable
provisions of this chapter or regulations of the authority.
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A03908 Actions:

BILL NO    A03908 

01/28/2015 referred to economic development
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A03908 Votes:

There are no votes for this bill in this legislative session.
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A03908 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         3908

                              2015-2016 Regular Sessions

                                 I N  A S S E M B L Y

                                   January 28, 2015
                                      ___________

       Introduced  by  M.  of A. GOTTFRIED, COOK, GLICK, ORTIZ, GALEF, SCHIMEL,
         WEPRIN -- Multi-Sponsored by --  M.  of  A.  BRENNAN,  CLARK,  COLTON,
         CYMBROWITZ,  DINOWITZ,  HEASTIE,  HOOPER,  MARKEY,  McDONALD,  PAULIN,
         ROSENTHAL, ROZIC, SCARBOROUGH -- read once and referred to the Commit-
         tee on Economic Development

       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    S 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.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01385-01-5
       A. 3908                             2

    1    S  3.  Section  64 of the alcoholic beverage control law is amended by
    2  adding a new subdivision 10 to read as follows:
    3    10.  THE  AUTHORITY  MAY  INCLUDE,  AS  PART  OF  A LICENSE UNDER THIS
    4  SECTION, TERMS AND CONDITIONS FOR  THE  PURPOSE  OF  ASSURING  THAT  THE
    5  LICENSED  PREMISES  ARE  OPERATED  IN ACCORDANCE WITH APPLICABLE LAW AND
    6  CONSISTENT WITH THE PUBLIC INTEREST. 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    S 4. Section 64-a of the alcoholic beverage control law is amended  by
   12  adding a new subdivision 5-a to read as follows:
   13    5-A.  THE  AUTHORITY  MAY  INCLUDE,  AS  PART  OF A LICENSE UNDER THIS
   14  SECTION, TERMS AND CONDITIONS FOR  THE  PURPOSE  OF  ASSURING  THAT  THE
   15  LICENSED  PREMISES  ARE  OPERATED  IN ACCORDANCE WITH APPLICABLE LAW AND
   16  CONSISTENT WITH THE PUBLIC INTEREST. 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    S 5. Section 64-b of the alcoholic beverage control law is amended  by
   22  adding a new subdivision 5-a to read as follows:
   23    5-A.  THE  AUTHORITY  MAY  INCLUDE,  AS  PART  OF A LICENSE UNDER THIS
   24  SECTION, TERMS AND CONDITIONS FOR  THE  PURPOSE  OF  ASSURING  THAT  THE
   25  LICENSED  PREMISES  ARE  OPERATED  IN ACCORDANCE WITH APPLICABLE LAW AND
   26  CONSISTENT WITH THE PUBLIC INTEREST. PRIOR TO INCLUDING TERMS AND CONDI-
   27  TIONS IN A LICENSE, THE AUTHORITY SHALL CONSULT WITH THE  APPLICANT  AND
   28  ANY  PARTY  ENTITLED TO RECEIVE NOTICE OF THE APPLICATION. THE TERMS AND
   29  CONDITIONS SHALL BE LEGALLY ENFORCEABLE IN THE SAME MANNER AS APPLICABLE
   30  PROVISIONS OF THIS CHAPTER OR REGULATIONS OF THE AUTHORITY.
   31    S 6. Section 64-c of the alcoholic beverage control law is amended  by
   32  adding a new subdivision 5-a to read as follows:
   33    5-A.  THE  AUTHORITY  MAY  INCLUDE,  AS  PART  OF A LICENSE UNDER THIS
   34  SECTION, TERMS AND CONDITIONS FOR  THE  PURPOSE  OF  ASSURING  THAT  THE
   35  LICENSED  PREMISES  ARE  OPERATED  IN ACCORDANCE WITH APPLICABLE LAW AND
   36  CONSISTENT WITH THE PUBLIC INTEREST. PRIOR TO INCLUDING TERMS AND CONDI-
   37  TIONS IN A LICENSE, THE AUTHORITY SHALL CONSULT WITH THE  APPLICANT  AND
   38  ANY  PARTY  ENTITLED TO RECEIVE NOTICE OF THE APPLICATION. THE TERMS AND
   39  CONDITIONS SHALL BE LEGALLY ENFORCEABLE IN THE SAME MANNER AS APPLICABLE
   40  PROVISIONS OF THIS CHAPTER OR REGULATIONS OF THE AUTHORITY.
   41    S 7. Section 64-d of the alcoholic beverage control law is amended  by
   42  adding a new subdivision 5-a to read as follows:
   43    5-A.  THE  AUTHORITY  MAY  INCLUDE,  AS  PART  OF A LICENSE UNDER THIS
   44  SECTION, TERMS AND CONDITIONS FOR  THE  PURPOSE  OF  ASSURING  THAT  THE
   45  LICENSED  PREMISES  ARE  OPERATED  IN ACCORDANCE WITH APPLICABLE LAW AND
   46  CONSISTENT WITH THE PUBLIC INTEREST. PRIOR TO INCLUDING TERMS AND CONDI-
   47  TIONS IN A LICENSE, THE AUTHORITY SHALL CONSULT WITH THE  APPLICANT  AND
   48  ANY  PARTY  ENTITLED TO RECEIVE NOTICE OF THE APPLICATION. THE TERMS AND
   49  CONDITIONS SHALL BE LEGALLY ENFORCEABLE IN THE SAME MANNER AS APPLICABLE
   50  PROVISIONS OF THIS CHAPTER OR REGULATIONS OF THE AUTHORITY.
   51    S 8. Section 81 of the alcoholic beverage control law  is  amended  by
   52  adding a new subdivision 5 to read as follows:
   53    5. THE AUTHORITY MAY INCLUDE, AS PART OF A LICENSE UNDER THIS SECTION,
   54  TERMS AND CONDITIONS FOR THE PURPOSE OF ASSURING THAT THE LICENSED PREM-
   55  ISES  ARE OPERATED IN ACCORDANCE WITH APPLICABLE LAW AND CONSISTENT WITH
   56  PUBLIC CONVENIENCE AND ADVANTAGE.  PRIOR TO INCLUDING TERMS  AND  CONDI-
       A. 3908                             3

    1  TIONS  IN  A LICENSE, THE AUTHORITY SHALL CONSULT WITH THE APPLICANT AND
    2  ANY PARTY ENTITLED TO RECEIVE NOTICE OF THE APPLICATION. THE  TERMS  AND
    3  CONDITIONS SHALL BE LEGALLY ENFORCEABLE IN THE SAME MANNER AS APPLICABLE
    4  PROVISIONS OF THIS CHAPTER OR REGULATIONS OF THE AUTHORITY.
    5    S  9. Section 81-a of the alcoholic beverage control law is amended by
    6  adding a new subdivision 5 to read as follows:
    7    5. THE AUTHORITY MAY INCLUDE, AS PART OF A LICENSE UNDER THIS SECTION,
    8  TERMS AND CONDITIONS FOR THE PURPOSE OF ASSURING THAT THE LICENSED PREM-
    9  ISES ARE OPERATED IN ACCORDANCE WITH APPLICABLE LAW AND CONSISTENT  WITH
   10  PUBLIC  CONVENIENCE  AND ADVANTAGE.  PRIOR TO INCLUDING TERMS AND CONDI-
   11  TIONS IN A LICENSE, THE AUTHORITY SHALL CONSULT WITH THE  APPLICANT  AND
   12  ANY  PARTY  ENTITLED TO RECEIVE NOTICE OF THE APPLICATION. THE TERMS AND
   13  CONDITIONS SHALL BE LEGALLY ENFORCEABLE IN THE SAME MANNER AS APPLICABLE
   14  PROVISIONS OF THIS CHAPTER OR REGULATIONS OF THE AUTHORITY.
   15    S 10. This act shall take effect immediately.
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