Revises procedures regarding the issuance of both retail and special retail liquor licenses for on-premises consumption regarding the posting of certain notices: requires use of certain ink (i.e., pink ink of a neon, luminous or fluorescent variety such as "Day-Glo" ink) in the notice which the applicant must post at the proposed premises giving notice of the filing of the application, and also requires the applicant to post a copy of written notice of the scheduled hearing, and to include therewith a statement of the proposed use and capacity of the proposed premises; and imposes obligation on applicant to make reasonable efforts to insure that both of these posted items remain posted and to re-post these items upon receipt of a written request from the authority.
STATE OF NEW YORK
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1577
2013-2014 Regular Sessions
IN ASSEMBLY(Prefiled)
January 9, 2013
___________
Introduced by M. of A. LENTOL, V. LOPEZ -- read once and referred to the
Committee on Economic Development
AN ACT to amend the alcoholic beverage control law, in relation to
procedures associated with issuing retail and special retail licenses
to sell liquor for on-premises consumption
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 7 of section 100 of the alcoholic beverage
2 control law, as added by chapter 256 of the laws of 1978, is amended to
3 read as follows:
4 7. Within ten days after filing a new application to sell liquor at
5 retail under section sixty-three[, sixty-four, sixty-four-a] or sixty-
6 four-b of this chapter, a notice thereof, in the form prescribed by the
7 authority, shall be posted by the applicant in a conspicuous place at
8 the entrance to the proposed premises. The applicant shall make reason-
9 able efforts to insure such notice shall remain posted throughout the
10 pendency of the application. The provisions hereof shall apply only
11 where no retail liquor license has previously been granted for the
12 proposed premise and shall, specifically, not be applicable to a
13 proposed sale of an existing business engaged in the retail sale of
14 liquor. The authority may adopt such rules as it may deem necessary to
15 carry out the purpose of this subdivision.
16 § 2. Section 100 of the alcoholic beverage control law is amended by
17 adding a new subdivision 8 to read as follows:
18 8. (a) Within ten days after filing a new application to sell liquor
19 at retail under section sixty-four or sixty-four-a of this chapter, a
20 notice thereof shall be posted by the applicant in a conspicuous place
21 at the entrance to the proposed premises. Said notice shall be in a form
22 prescribed by the authority, provided however that said notice shall be
23 either printed or highlighted in a pink ink of a neon, luminous or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04452-01-3
A. 1577 2
1 fluorescent variety (such as "Day-Glo" ink). The applicant shall make
2 reasonable efforts to insure such notice shall remain posted throughout
3 the pendency of the application. Additionally, within ten days of the
4 applicant's receipt of a written request from the authority, the appli-
5 cant shall re-post such notice. The provisions of this paragraph shall
6 apply only where no retail liquor license has previously been granted
7 for the proposed premises and shall, specifically, not be applicable to
8 a proposed sale of an existing business engaged in the retail sale of
9 liquor. The authority may adopt such rules as it may deem necessary to
10 carry out the purpose of this paragraph.
11 (b) Within ten days of the applicant's receipt of written notice of a
12 hearing scheduled pursuant to section sixty-four or sixty-four-a of this
13 chapter, the applicant shall post a copy of such notice in a conspicuous
14 place at the entrance to the proposed premises. This notice shall
15 include in clear and concise language a statement of the proposed use
16 and capacity of the proposed premises. The applicant shall make reason-
17 able efforts to insure such notice shall remain posted until the date of
18 the hearing or public meeting specified in such notice. Additionally,
19 within ten days of the applicant's receipt of a written request from the
20 authority, the applicant shall re-post such notice. The provisions of
21 this paragraph shall apply only where no retail liquor license has
22 previously been granted for the proposed premises and shall, specif-
23 ically, not be applicable to a proposed sale of an existing business
24 engaged in the retail sale of liquor. The authority may adopt such rules
25 as it may deem necessary to carry out the purpose of this paragraph.
26 § 3. This act shall take effect on the ninetieth day after it shall
27 have become a law and shall apply to all applications made under section
28 64 or 64-a of the alcoholic beverage control law for a retail license,
29 or special retail license, to sell liquor for on-premises consumption
30 that are pending before or filed with the state liquor authority on or
31 after such effective date. Effective immediately any rules or regu-
32 lations necessary or convenient to implement the provisions of this act
33 are authorized to be promulgated on or before such effective date.
