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A04945 Summary:

BILL NOA04945
 
SAME ASSAME AS S05150
 
SPONSORSchimminger
 
COSPNSRMorelle, Cahill, Magnarelli
 
MLTSPNSR
 
Amd 66, ABC L
 
Amends license fees to sell liquor at retail for on premises consumption outside the city of New York to standardize such fees.
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A04945 Actions:

BILL NOA04945
 
02/06/2017referred to economic development
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A04945 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4945
 
SPONSOR: Schimminger
  TITLE OF BILL: An act to amend the alcoholic beverage control law, in relation to license fees   PURPOSE OF THE BILL: This bill would reduce license fees in medium-sized cities for estab- lishments licensed to sell liquor for on-premise consumption to match the fee charged in other communities outside the city of New York.   SUMMARY OF SPECIFIC PROVISIONS: § 1- Amends subdivision 4 of § 66 of the Alcoholic Beverage Control Law to conform the liquor license fee for on-premise establishments in cities with a population of 50,000 or more other than New York City to the fee applicable in towns and smaller cities. § 2- Effective date.   JUSTIFICATION: Enactment of this bill would reduce the financial burden on restaurants and other hospitality businesses in medium-sized cities and allow for greater economic growth in these communities. While the existing fee may have at one time reflected greater popu- lations and attendant enforcement issues in cities, this is no longer that case with the population shift to the suburbs. Currently, a licensed establishment located in a smaller city must pay a higher license fee then if it were located in a neighboring town with a larger population. These higher fees discourage business investment in downtown communities, while encouraging further sprawl development in suburban areas.   PRIOR LEGISLATIVE HISTORY: 2015-2015: A.4228/S.3959; 2013-2014: A.3337-A/S. 2555-A; 2011-2012: A. 3135-A/S.4125-A; 2009-2010: A.2851-A; 2007-2008: A.3136; 2005-2006: A.7676; 2003-2004: A.5907/S.3395, 2001-2002: A. 8949/S.5468.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: Minimal.   EFFECTIVE DATE: This act shall take effect April 1, 2018.
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A04945 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4945
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 6, 2017
                                       ___________
 
        Introduced  by M. of A. SCHIMMINGER, MORELLE, CAHILL, MAGNARELLI -- read
          once and referred to the Committee on Economic Development
 
        AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
          license fees
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 4 of  section  66  of  the  alcoholic  beverage
     2  control law, as amended by section 3 of part Z of chapter 85 of the laws
     3  of 2002, is amended to read as follows:
     4    4.  The  annual  fee for a license, under section sixty-four or sixty-
     5  four-a of this article, to sell liquor at retail to be consumed  on  the
     6  premises  where  sold shall be twenty-one hundred seventy-six dollars in
     7  the counties of New York, Kings, Bronx and Queens; fifteen hundred thir-
     8  ty-six dollars in the county of Richmond [and in cities having  a  popu-
     9  lation  of  more  than  one  hundred thousand and less than one million;
    10  twelve hundred sixteen dollars in cities having  a  population  of  more
    11  than  fifty thousand and less than one hundred thousand]; and the sum of
    12  eight hundred ninety-six dollars elsewhere; except that the license fees
    13  for catering establishments shall be two-thirds the license  fee  speci-
    14  fied  herein  and for clubs, except luncheon clubs and golf clubs, shall
    15  be seven hundred fifty dollars in counties of New York, Kings, Bronx and
    16  Queens; five hundred dollars in the county of  Richmond  and  in  cities
    17  having  a population of more than one hundred thousand and less than one
    18  million; three hundred fifty dollars in cities having  a  population  of
    19  more than fifty thousand and less than one hundred thousand; and the sum
    20  of  two  hundred  fifty  dollars elsewhere. The annual fees for luncheon
    21  clubs shall be three hundred seventy-five dollars, and for golf clubs in
    22  the counties of New York, Kings, Bronx,  Queens,  Nassau,  Richmond  and
    23  Westchester, two hundred fifty dollars, and elsewhere one hundred eight-
    24  y-seven dollars and fifty cents.  Notwithstanding any other provision of
    25  law  to  the contrary, there shall be no annual fee for a license, under
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08629-01-7

        A. 4945                             2
 
     1  section sixty-four of this article, to  sell  liquor  at  retail  to  be
     2  consumed  on  the premises where the applicant is an organization organ-
     3  ized under section two hundred sixty of the military  law  and  incorpo-
     4  rated  pursuant to the not-for-profit corporation law.  Provided, howev-
     5  er, that where any premises for which a license is  issued  pursuant  to
     6  section  sixty-four  or  sixty-four-a  of  this article remain open only
     7  within the period commencing April first and ending October thirty-first
     8  of any one year, or only within the period commencing October first  and
     9  ending  the  following April thirtieth, the liquor authority may, in its
    10  discretion, grant a summer or winter license  effective  only  for  such
    11  appropriate  period of time, for which a license fee shall be paid to be
    12  pro-rated for the period for which such license  is  effective,  at  the
    13  rate  provided  for  in the city, town or village in which such premises
    14  are located, except that no such license fee shall be less than one-half
    15  of the regular annual license fee; provided further that where the prem-
    16  ises to be licensed are a race track or a golf course  or  are  licensed
    17  pursuant  to  section  sixty-four  or  sixty-four-a  of  this  [chapter]
    18  article, the period of such summer license may commence March first  and
    19  end November thirtieth.
    20    Where  a  hotel,  restaurant,  club, golf course or race track is open
    21  prior to April first and/or subsequent to October thirty-first by reason
    22  of the issuance of a caterer's permit or permits issued by the  authori-
    23  ty,  such fact alone shall not affect the eligibility of the premises or
    24  the person owning or operating such hotel, restaurant, club, golf course
    25  or race track for a summer license.
    26    § 2. This act shall take effect April 1, 2018.
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