|SAME AS||No Same As|
|COSPNSR||Morelle, Cahill, Magnarelli|
|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.|
|02/06/2017||referred to economic development|
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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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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 more11 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. LBD08629-01-7A. 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.