Creates state liquor authority community liaisons 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.
STATE OF NEW YORK
________________________________________________________________________
6722--A
IN SENATE
March 13, 2012
___________
Introduced by Sen. PERALTA -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment Operations -- 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
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:
21 Not less than thirty days before filing any of the following applica-
22 tions with the state liquor authority if a premise is located within a
23 municipality or not less than sixty days before filing any of the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15043-03-2
S. 6722--A 2
1 following applications with the state liquor authority if a premise is
2 located within the city of New York, an applicant shall notify the muni-
3 cipality or the community board in which the premises is located of such
4 applicant's intent to file such an application:
5 § 3. Paragraph (f) of subdivision 7 of section 64 of the alcoholic
6 beverage control law, as amended by chapter 463 of the laws of 2009, is
7 amended to read as follows:
8 (f) Notwithstanding the provisions of paragraph (b) of this subdivi-
9 sion, the authority may issue a license pursuant to this section for a
10 premises which shall be within five hundred feet of three or more exist-
11 ing premises licensed and operating pursuant to this section and
12 sections sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d
13 of this article if, after consultation with the municipality or communi-
14 ty board, it determines that granting such license would be in the
15 public interest. Before it may issue any such license, the authority
16 shall conduct a hearing, upon notice to the applicant and the munici-
17 pality or community board, and shall state and file in its office its
18 reasons therefor. Notice to the municipality or community board shall
19 mean written notice mailed by the authority to such municipality [or
20 community board] at least fifteen days in advance or to such community
21 board at least thirty days in advance of any hearing scheduled pursuant
22 to this paragraph. Upon the request of the authority, any municipality
23 or [community board] may waive the fifteen day notice requirement or any
24 community board may waive the thirty day notice requirement. No prem-
25 ises having been granted a license pursuant to this section shall be
26 denied a renewal of such license upon the grounds that such premises are
27 within five hundred feet of a building or buildings wherein three or
28 more premises are licensed and operating pursuant to this section and
29 sections sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d
30 of this article.
31 § 4. Paragraph (d) of subdivision 7 of section 64-a of the alcoholic
32 beverage control law, as amended by chapter 463 of the laws of 2009, is
33 amended to read as follows:
34 (d) Notwithstanding the provisions of subparagraph (ii) of paragraph
35 (a) of this subdivision, the authority may issue a license pursuant to
36 this section for a premises which shall be within five hundred feet of
37 three or more existing premises licensed and operating pursuant to this
38 section and sections sixty-four, sixty-four-b, sixty-four-c, and/or
39 sixty-four-d of this article if, after consultation with the munici-
40 pality or community board, it determines that granting such license
41 would be in the public interest. Before it may issue any such license,
42 the authority shall conduct a hearing, upon notice to the applicant and
43 the municipality or community board, and shall state and file in its
44 office its reasons therefor. Notice to the municipality or community
45 board shall mean written notice mailed by the authority to such munici-
46 pality [or community board] at least fifteen days in advance or to such
47 community board at least thirty days in advance of any hearing scheduled
48 pursuant to this paragraph. Upon the request of the authority, any muni-
49 cipality [or community board] may waive the fifteen day notice require-
50 ment or any community board may waive the thirty day notice requirement.
51 No premises having been granted a license pursuant to this section shall
52 be denied a renewal of such license upon the grounds that such premises
53 are within five hundred feet of a building or buildings wherein three or
54 more premises are licensed and operating pursuant to this section and
55 sections sixty-four, sixty-four-b, sixty-four-c, and/or sixty-four-d of
56 this article.
S. 6722--A 3
1 § 5. Paragraph (c) of subdivision 11 of section 64-c of the alcoholic
2 beverage control law, as amended by chapter 463 of the laws of 2009, is
3 amended to read as follows:
4 (c) Notwithstanding the provisions of subparagraph (ii) of paragraph
5 (a) of this subdivision, the authority may issue a license pursuant to
6 this section for a premises which shall be within five hundred feet of
7 three or more existing premises licensed and operating pursuant to this
8 section and sections sixty-four, sixty-four-a, sixty-four-b and/or
9 sixty-four-d of this article if, after consultation with the munici-
10 pality or community board, it determines that granting such license
11 would be in the public interest. Before it may issue any such license,
12 the authority shall conduct a hearing, upon notice to the applicant and
13 the municipality or community board, and shall state and file in its
14 office its reasons therefor. Notice to the municipality or community
15 board shall mean written notice mailed by the authority to such munici-
16 pality [or community board] at least fifteen days in advance or to such
17 community board at least thirty days in advance of any hearing scheduled
18 pursuant to this paragraph. Upon the request of the authority, any muni-
19 cipality [or community board] may waive the fifteen day notice require-
20 ment or any community board may waive the thirty day notice requirement.
21 No premises having been granted a license pursuant to this section shall
22 be denied a renewal of such license upon the grounds that such premises
23 are within five hundred feet of a building or buildings wherein three or
24 more premises are operating and licensed pursuant to this section or
25 sections sixty-four, sixty-four-a, sixty-four-b and/or sixty-four-d of
26 this article.
27 § 6. This act shall take effect immediately.
