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S00344 Summary:

BILL NOS00344
 
SAME ASNo Same As
 
SPONSORPERALTA
 
COSPNSR
 
MLTSPNSR
 
Add 110-c, amd 110-b, 64, 64-a & 64-c, ABC L
 
Creates a state liquor authority community liaison to act between the state liquor authority and community boards of the city of New York; requires the community boards to be given at least sixty days notice before any wine, beer, or liquor license is issued, renewed, or altered within the boundaries of such community board.
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S00344 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           344
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 4, 2017
                                       ___________
 
        Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Investigations and Govern-
          ment Operations
 
        AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
          creating a liaison between the state liquor authority and local commu-
          nity boards and providing a sixty day notification period for communi-
          ty  boards  before the issuance of a new license, renewal of a license
          or alteration of a license
 
          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-c to read as follows:
     3    § 110-c. Authority community liaison. 1. The authority shall appoint a
     4  community liaison for each community board in the city of New York.
     5    2. The community liaison is required  to  ensure  that  the  community
     6  board  receives all proper notifications of license issuance, renewal or
     7  alterations that are required under the provisions of this chapter.
     8    3. The community liaison is responsible for:
     9    (a) attending the meetings of the community board, upon the request of
    10  such community board, for which he or she is acting as the liaison;
    11    (b) submitting reports to the authority  with  respect  to  issues  of
    12  concern of the community board for which he or she is the liaison;
    13    (c)  submitting  any community board recommendations to the authority;
    14  and
    15    (d) informing the community board of every regularly scheduled meeting
    16  of the liquor authority and providing an  agenda  for  such  meeting  at
    17  least fifteen days prior to the meeting.
    18    §  2.  The  opening paragraph of subdivision 1 of section 110-b of the
    19  alcoholic beverage control law, as amended by chapter 560 of the laws of
    20  2011, is amended to read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00065-01-7

        S. 344                              2
 
     1    Not less than thirty days before filing any of the following  applica-
     2  tions  with the state liquor authority if a premises is located within a
     3  municipality or not less than  sixty  days  before  filing  any  of  the
     4  following  applications with the state liquor authority if a premises is
     5  located within the city of New York, an applicant shall notify the muni-
     6  cipality or the community board in which the premises is located of such
     7  applicant's intent to file such an application:
     8    §  3.  Paragraph  (f)  of subdivision 7 of section 64 of the alcoholic
     9  beverage control law, as amended by chapter 185 of the laws of 2012,  is
    10  amended to read as follows:
    11    (f)  Notwithstanding  the provisions of paragraph (b) of this subdivi-
    12  sion, the authority may issue a license pursuant to this section  for  a
    13  premises which shall be within five hundred feet of three or more exist-
    14  ing  premises  licensed  and  operating  pursuant  to  this  section and
    15  sections sixty-four-a, sixty-four-b, sixty-four-c,  and/or  sixty-four-d
    16  of this article if, after consultation with the municipality or communi-
    17  ty  board,  it  determines  that  granting  such license would be in the
    18  public interest. Before it may issue any  such  license,  the  authority
    19  shall  conduct  a  hearing, upon notice to the applicant and the munici-
    20  pality or community board, and shall state and file in  its  office  its
    21  reasons  therefor.  The hearing may be rescheduled, adjourned or contin-
    22  ued, and the authority shall give notice to the applicant and the  muni-
    23  cipality  or  community  board  of  any  such  rescheduled, adjourned or
    24  continued hearing. Before the authority issues  any  said  license,  the
    25  authority  or  one or more of the commissioners thereof may, in addition
    26  to the hearing required by this paragraph, also conduct a public meeting
    27  regarding said license, upon notice to the  applicant  and  the  munici-
    28  pality  or  community  board.  The  public  meeting  may be rescheduled,
    29  adjourned or continued, and the  authority  shall  give  notice  to  the
    30  applicant  and  the municipality or community board of any such resched-
    31  uled, adjourned or continued public meeting. Notice to the  municipality
    32  or  community board shall mean written notice mailed by the authority to
    33  such municipality [or community board] at least fifteen days in  advance
    34  or  to such community board at least thirty days in advance of any hear-
    35  ing scheduled pursuant to  this  paragraph.  Upon  the  request  of  the
    36  authority,  any  municipality [or community board] may waive the fifteen
    37  day notice requirement or any community board may waive the  thirty  day
    38  requirement.  No premises having been granted a license pursuant to this
    39  section shall be denied a renewal of such license upon the grounds  that
    40  such  premises  are  within five hundred feet of a building or buildings
    41  wherein three or more premises are licensed and  operating  pursuant  to
    42  this  section  and  sections  sixty-four-a,  sixty-four-b, sixty-four-c,
    43  and/or sixty-four-d of this article.
    44    § 4. Paragraph (d) of subdivision 7 of section 64-a of  the  alcoholic
    45  beverage  control law, as amended by chapter 185 of the laws of 2012, is
    46  amended to read as follows:
    47    (d) Notwithstanding the provisions of subparagraph (ii)  of  paragraph
    48  (a)  of  this subdivision, the authority may issue a license pursuant to
    49  this section for a premises which shall be within five hundred  feet  of
    50  three  or more existing premises licensed and operating pursuant to this
    51  section and  sections  sixty-four,  sixty-four-b,  sixty-four-c,  and/or
    52  sixty-four-d  of  this  article  if, after consultation with the munici-
    53  pality or community board, it  determines  that  granting  such  license
    54  would  be  in the public interest. Before it may issue any such license,
    55  the authority shall conduct a hearing, upon notice to the applicant  and
    56  the  municipality  or  community  board, and shall state and file in its

        S. 344                              3
 
     1  office its reasons therefor. Notice to  the  municipality  or  community
     2  board  shall mean written notice mailed by the authority to such munici-
     3  pality [or community board] at least fifteen days in advance or to  such
     4  community board at least thirty days in advance of any hearing scheduled
     5  pursuant to this paragraph. Upon the request of the authority, any muni-
     6  cipality  [or community board] may waive the fifteen day notice require-
     7  ment or any community board may waive the thirty day notice requirement.
     8  The hearing may be rescheduled, adjourned or continued, and the authori-
     9  ty shall give notice to the applicant and the municipality or  community
    10  board  of  any  such rescheduled, adjourned or continued hearing. Before
    11  the authority issues any said license, the authority or one or  more  of
    12  the  commissioners  thereof  may, in addition to the hearing required by
    13  this paragraph, also conduct a public meeting  regarding  said  license,
    14  upon  notice  to  the applicant and the municipality or community board.
    15  The public meeting may be rescheduled, adjourned or continued,  and  the
    16  authority  shall  give  notice  to the applicant and the municipality or
    17  community board of any such rescheduled, adjourned or  continued  public
    18  meeting.  No  premises  having  been  granted a license pursuant to this
    19  section shall be denied a renewal of such license upon the grounds  that
    20  such  premises  are  within five hundred feet of a building or buildings
    21  wherein three or more premises are licensed and  operating  pursuant  to
    22  this section and sections sixty-four, sixty-four-b, sixty-four-c, and/or
    23  sixty-four-d of this article.
    24    §  5. Paragraph (c) of subdivision 11 of section 64-c of the alcoholic
    25  beverage control law, as amended by chapter 185 of the laws of 2012,  is
    26  amended to read as follows:
    27    (c)  Notwithstanding  the provisions of subparagraph (ii) of paragraph
    28  (a) of this subdivision, the authority may issue a license  pursuant  to
    29  this  section  for a premises which shall be within five hundred feet of
    30  three or more existing premises licensed and operating pursuant to  this
    31  section  and  sections  sixty-four,  sixty-four-a,  sixty-four-b  and/or
    32  sixty-four-d of this article if, after  consultation  with  the  munici-
    33  pality  or  community  board,  it  determines that granting such license
    34  would be in the public interest. Before it may issue any  such  license,
    35  the  authority shall conduct a hearing, upon notice to the applicant and
    36  the municipality or community board, and shall state  and  file  in  its
    37  office  its  reasons therefor. The hearing may be rescheduled, adjourned
    38  or continued, and the authority shall give notice to the  applicant  and
    39  the  municipality  or community board of any such rescheduled, adjourned
    40  or continued hearing. Before the authority issues any said license,  the
    41  authority  or  one or more of the commissioners thereof may, in addition
    42  to the hearing required by this paragraph, also conduct a public meeting
    43  regarding said license, upon notice to the  applicant  and  the  munici-
    44  pality  or  community  board.  The  public  meeting  may be rescheduled,
    45  adjourned or continued, and the  authority  shall  give  notice  to  the
    46  applicant  and  the municipality or community board of any such resched-
    47  uled, adjourned or continued public meeting. Notice to the  municipality
    48  or  community board shall mean written notice mailed by the authority to
    49  such municipality [or community board] at least fifteen days in  advance
    50  or  to such community board at least thirty days in advance of any hear-
    51  ing scheduled pursuant to  this  paragraph.  Upon  the  request  of  the
    52  authority,  any  municipality [or community board] may waive the fifteen
    53  day notice requirement or any community board may waive the  thirty  day
    54  notice  requirement.  No premises having been granted a license pursuant
    55  to this section shall be denied a  renewal  of  such  license  upon  the
    56  grounds that such premises are within five hundred feet of a building or

        S. 344                              4
 
     1  buildings  wherein  three  or  more  premises are operating and licensed
     2  pursuant to this section or sections  sixty-four,  sixty-four-a,  sixty-
     3  four-b and/or sixty-four-d of this article.
     4    § 6. This act shall take effect immediately.
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