•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A04945 Summary:

BILL NOA04945A
 
SAME ASSAME AS S05150-A
 
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.
Go to top    

A04945 Actions:

BILL NOA04945A
 
02/06/2017referred to economic development
01/03/2018referred to economic development
01/22/2018amend and recommit to economic development
01/22/2018print number 4945a
Go to top

A04945 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4945A
 
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, 2019.
Go to top

A04945 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4945--A
 
                               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  --  recom-
          mitted  to  the  Committee  on Economic Development in accordance with
          Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee

        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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08629-03-7

        A. 4945--A                          2
 
     1  Westchester, two hundred fifty dollars, and elsewhere one hundred eight-
     2  y-seven dollars and fifty cents.  Notwithstanding any other provision of
     3  law  to  the contrary, there shall be no annual fee for a license, under
     4  section  sixty-four  of  this  article,  to  sell liquor at retail to be
     5  consumed on the premises where the applicant is an  organization  organ-
     6  ized  under  section  two hundred sixty of the military law and incorpo-
     7  rated pursuant to the not-for-profit corporation law.  Provided,  howev-
     8  er,  that  where  any premises for which a license is issued pursuant to
     9  section sixty-four or sixty-four-a of  this  article  remain  open  only
    10  within the period commencing April first and ending October thirty-first
    11  of  any one year, or only within the period commencing October first and
    12  ending the following April thirtieth, the liquor authority may,  in  its
    13  discretion,  grant  a  summer  or winter license effective only for such
    14  appropriate period of time, for which a license fee shall be paid to  be
    15  pro-rated  for  the  period  for which such license is effective, at the
    16  rate provided for in the city, town or village in  which  such  premises
    17  are located, except that no such license fee shall be less than one-half
    18  of the regular annual license fee; provided further that where the prem-
    19  ises  to  be  licensed are a race track or a golf course or are licensed
    20  pursuant  to  section  sixty-four  or  sixty-four-a  of  this  [chapter]
    21  article,  the period of such summer license may commence March first and
    22  end November thirtieth.
    23    Where a hotel, restaurant, club, golf course or  race  track  is  open
    24  prior to April first and/or subsequent to October thirty-first by reason
    25  of  the issuance of a caterer's permit or permits issued by the authori-
    26  ty, such fact alone shall not affect the eligibility of the premises  or
    27  the person owning or operating such hotel, restaurant, club, golf course
    28  or race track for a summer license.
    29    § 2. This act shall take effect April 1, 2019.
Go to top