Revises procedures regarding the issuance of retail and special retail liquor, bottle club, restaurant-brewer and cabaret licenses for on-premises consumption for premises located within 500 feet of 3 or more existing premises in cities, towns and villages of twenty thousand or more; provides that the hearing which the authority is required to hold before issuing such a license may be rescheduled, adjourned or continued and that the authority must give notice to the applicant and the municipality or community board of such rescheduled, adjourned or continued hearing; and provides that the authority or commissioners thereof may also hold a public meeting in connection with issuance of such a license which may also be rescheduled, adjourned or continued, and that the authority must give notice to the applicant and the municipality or community board of the meeting including any rescheduled, adjourned or continued meeting.
STATE OF NEW YORK
________________________________________________________________________
584--A
Cal. No. 498
2011-2012 Regular Sessions
IN ASSEMBLY(Prefiled)
January 5, 2011
___________
Introduced by M. of A. LENTOL, V. LOPEZ -- read once and referred to the
Committee on Economic Development, Job Creation, Commerce and Industry
-- advanced to a third reading, amended and ordered reprinted, retain-
ing its place on the order of third reading
AN ACT to amend the alcoholic beverage control law, in relation to
procedures associated with issuing retail, special retail, bottle
club, restaurant-brewer and cabaret licenses to sell liquor for
on-premises consumption regarding premises located within five hundred
feet of three or more existing premises in cities, towns and villages
having a population of twenty thousand or more
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (f) of subdivision 7 of section 64 of the alco-
2 holic beverage control law, as amended by chapter 463 of the laws of
3 2009, is amended to read as follows:
4 (f) Notwithstanding the provisions of paragraph (b) of this subdivi-
5 sion, the authority may issue a license pursuant to this section for a
6 premises which shall be within five hundred feet of three or more exist-
7 ing premises licensed and operating pursuant to this section and
8 sections sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d
9 of this article if, after consultation with the municipality or communi-
10 ty board, it determines that granting such license would be in the
11 public interest. Before it may issue any such license, the authority
12 shall conduct a hearing, upon notice to the applicant and the munici-
13 pality or community board, and shall state and file in its office its
14 reasons therefor. The hearing may be rescheduled, adjourned or contin-
15 ued, and the authority shall give notice to the applicant and the muni-
16 cipality or community board of any such rescheduled, adjourned or
17 continued hearing. Before the authority issues any said license, the
18 authority or one or more of the commissioners thereof may, in addition
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03488-04-2
A. 584--A 2
1 to the hearing required by this paragraph, also conduct a public meeting
2 regarding said license, upon notice to the applicant and the munici-
3 pality or community board. The public meeting may be rescheduled,
4 adjourned or continued, and the authority shall give notice to the
5 applicant and the municipality or community board of any such resched-
6 uled, adjourned or continued public meeting. Notice to the municipality
7 or community board shall mean written notice mailed by the authority to
8 such municipality or community board at least fifteen days in advance of
9 any hearing scheduled pursuant to this paragraph. Upon the request of
10 the authority, any municipality or community board may waive the fifteen
11 day notice requirement. No premises having been granted a license pursu-
12 ant to this section shall be denied a renewal of such license upon the
13 grounds that such premises are within five hundred feet of a building or
14 buildings wherein three or more premises are licensed and operating
15 pursuant to this section and sections sixty-four-a, sixty-four-b,
16 sixty-four-c, and/or sixty-four-d of this article.
17 § 2. Paragraph (d) of subdivision 7 of section 64-a of the alcoholic
18 beverage control law, as amended by chapter 463 of the laws of 2009, is
19 amended to read as follows:
20 (d) Notwithstanding the provisions of subparagraph (ii) of paragraph
21 (a) of this subdivision, the authority may issue a license pursuant to
22 this section for a premises which shall be within five hundred feet of
23 three or more existing premises licensed and operating pursuant to this
24 section and sections sixty-four, sixty-four-b, sixty-four-c, and/or
25 sixty-four-d of this article if, after consultation with the munici-
26 pality or community board, it determines that granting such license
27 would be in the public interest. Before it may issue any such license,
28 the authority shall conduct a hearing, upon notice to the applicant and
29 the municipality or community board, and shall state and file in its
30 office its reasons therefor. Notice to the municipality or community
31 board shall mean written notice mailed by the authority to such munici-
32 pality or community board at least fifteen days in advance of any hear-
33 ing scheduled pursuant to this paragraph. Upon the request of the
34 authority, any municipality or community board may waive the fifteen day
35 notice requirement. The hearing may be rescheduled, adjourned or
36 continued, and the authority shall give notice to the applicant and the
37 municipality or community board of any such rescheduled, adjourned or
38 continued hearing. Before the authority issues any said license, the
39 authority or one or more of the commissioners thereof may, in addition
40 to the hearing required by this paragraph, also conduct a public meeting
41 regarding said license, upon notice to the applicant and the munici-
42 pality or community board. The public meeting may be rescheduled,
43 adjourned or continued, and the authority shall give notice to the
44 applicant and the municipality or community board of any such resched-
45 uled, adjourned or continued public meeting. No premises having been
46 granted a license pursuant to this section shall be denied a renewal of
47 such license upon the grounds that such premises are within five hundred
48 feet of a building or buildings wherein three or more premises are
49 licensed and operating pursuant to this section and sections sixty-four,
50 sixty-four-b, sixty-four-c, and/or sixty-four-d of this article.
51 § 3. Paragraph (c) of subdivision 5 of section 64-b of the alcoholic
52 beverage control law, as amended by chapter 463 of the laws of 2009, is
53 amended to read as follows:
54 (c) Notwithstanding the provisions of subparagraph (ii) of paragraph
55 (a) of this subdivision, the authority may issue a license pursuant to
56 this section for a premises which shall be within five hundred feet of
A. 584--A 3
1 three or more existing premises licensed and operating pursuant to this
2 section and sections sixty-four, sixty-four-a, sixty-four-c, and/or
3 sixty-four-d of this article if, after consultation with the munici-
4 pality or community board, it determines that granting such license
5 would be in the public interest. Before it may issue any such license,
6 the authority shall conduct a hearing, upon notice to the applicant and
7 the municipality or community board, and shall state and file in its
8 office its reasons therefor. The hearing may be rescheduled, adjourned
9 or continued, and the authority shall give notice to the applicant and
10 the municipality or community board of any such rescheduled, adjourned
11 or continued hearing. Before the authority issues any said license, the
12 authority or one or more of the commissioners thereof may, in addition
13 to the hearing required by this paragraph, also conduct a public meeting
14 regarding said license, upon notice to the applicant and the munici-
15 pality or community board. The public meeting may be rescheduled,
16 adjourned or continued, and the authority shall give notice to the
17 applicant and the municipality or community board of any such resched-
18 uled, adjourned or continued public meeting. Notice to the municipality
19 or community board shall mean written notice mailed by the authority to
20 such municipality or community board at least fifteen days in advance of
21 any hearing scheduled pursuant to this paragraph. Upon the request of
22 the authority, any municipality or community board may waive the fifteen
23 day notice requirement. No premises having been granted a license pursu-
24 ant to this section shall be denied a renewal of such license upon the
25 grounds that such premises are within five hundred feet of a building or
26 buildings wherein three or more premises are licensed and operating
27 pursuant to this section and sections sixty-four, sixty-four-a, sixty-
28 four-c, and/or sixty-four-d of this article.
29 § 4. Paragraph (c) of subdivision 11 of section 64-c of the alcoholic
30 beverage control law, as amended by chapter 463 of the laws of 2009, is
31 amended to read as follows:
32 (c) Notwithstanding the provisions of subparagraph (ii) of paragraph
33 (a) of this subdivision, the authority may issue a license pursuant to
34 this section for a premises which shall be within five hundred feet of
35 three or more existing premises licensed and operating pursuant to this
36 section and sections sixty-four, sixty-four-a, sixty-four-b and/or
37 sixty-four-d of this article if, after consultation with the munici-
38 pality or community board, it determines that granting such license
39 would be in the public interest. Before it may issue any such license,
40 the authority shall conduct a hearing, upon notice to the applicant and
41 the municipality or community board, and shall state and file in its
42 office its reasons therefor. The hearing may be rescheduled, adjourned
43 or continued, and the authority shall give notice to the applicant and
44 the municipality or community board of any such rescheduled, adjourned
45 or continued hearing. Before the authority issues any said license, the
46 authority or one or more of the commissioners thereof may, in addition
47 to the hearing required by this paragraph, also conduct a public meeting
48 regarding said license, upon notice to the applicant and the munici-
49 pality or community board. The public meeting may be rescheduled,
50 adjourned or continued, and the authority shall give notice to the
51 applicant and the municipality or community board of any such resched-
52 uled, adjourned or continued public meeting. Notice to the municipality
53 or community board shall mean written notice mailed by the authority to
54 such municipality or community board at least fifteen days in advance of
55 any hearing scheduled pursuant to this paragraph. Upon the request of
56 the authority, any municipality or community board may waive the fifteen
A. 584--A 4
1 day notice requirement. No premises having been granted a license pursu-
2 ant to this section shall be denied a renewal of such license upon the
3 grounds that such premises are within five hundred feet of a building or
4 buildings wherein three or more premises are operating and licensed
5 pursuant to this section or sections sixty-four, sixty-four-a, sixty-
6 four-b and/or sixty-four-d of this article.
7 § 5. Paragraph (e) of subdivision 8 of section 64-d of the alcoholic
8 beverage control law, as amended by chapter 463 of the laws of 2009, is
9 amended to read as follows:
10 (e) notwithstanding the provisions of paragraph (b) of this subdivi-
11 sion, the authority may issue a license pursuant to this section for a
12 premises which shall be within five hundred feet of an existing premises
13 licensed and operating pursuant to the provisions of this section or
14 within five hundred feet of three or more existing premises licensed and
15 operating pursuant to this section and sections sixty-four,
16 sixty-four-a, sixty-four-b, and/or sixty-four-c of this article if,
17 after consultation with the municipality or community board, it deter-
18 mines that granting such license would be in the public interest.
19 Before it may issue any such license, the authority shall conduct a
20 hearing, upon notice to the applicant and the municipality or community
21 board, and shall state and file in its office its reasons therefor. The
22 hearing may be rescheduled, adjourned or continued, and the authority
23 shall give notice to the applicant and the municipality or community
24 board of any such rescheduled, adjourned or continued hearing. Before
25 the authority issues any said license, the authority or one or more of
26 the commissioners thereof may, in addition to the hearing required by
27 this paragraph, also conduct a public meeting regarding said license,
28 upon notice to the applicant and the municipality or community board.
29 The public meeting may be rescheduled, adjourned or continued, and the
30 authority shall give notice to the applicant and the municipality or
31 community board of any such rescheduled, adjourned or continued public
32 meeting. Notice to the municipality or community board shall mean writ-
33 ten notice mailed by the authority to such municipality or community
34 board at least fifteen days in advance of any hearing scheduled pursuant
35 to this paragraph. Upon the request of the authority, any municipality
36 or community board may waive the fifteen day notice requirement. No
37 premises having been granted a license pursuant to this section shall be
38 denied a renewal of such license upon the grounds that such premises are
39 within five hundred feet of an existing premises licensed and operating
40 pursuant to the provisions of this section or within five hundred feet
41 of a building or buildings wherein three or more premises are licensed
42 and operating pursuant to this section and sections sixty-four, sixty-
43 four-a, sixty-four-b, and/or sixty-four-c of this article.
44 § 6. This act shall take effect on the one hundred eightieth day after
45 it shall have become a law and shall apply to all applications for a
46 retail license, special retail license, bottle club license, restau-
47 rant-brewer license or cabaret license, for on-premises consumption of
48 alcoholic beverages for premises within five hundred feet of existing
49 licensed premises that are pending before or filed with the state liquor
50 authority on or after such effective date. Effective immediately any
51 rules or regulations necessary or convenient to implement the provisions
52 of this act are authorized to be promulgated on or before such effective
53 date.
