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A03743 Summary:

A03743 Actions:

A03743 Floor Votes:

A03743 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3743--A
 
                               2009-2010 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 28, 2009
                                       ___________
 
        Introduced  by  M.  of  A.  LENTOL, V. LOPEZ, GOTTFRIED -- read once and
          referred to the  Committee  on  Economic  Development,  Job  Creation,
          Commerce and Industry - committed to Economic Development -- 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
          procedures associated with issuing retail and special retail  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.  Notice  to the municipality or community board shall
    15  mean written notice mailed by the  authority  to  such  municipality  or
    16  community  board  at least fifteen days in advance of any hearing sched-
    17  uled pursuant to this paragraph and shall include  the  date,  time  and
    18  place thereof.  In addition, such notice to the municipality or communi-

    19  ty board of a hearing scheduled pursuant to this paragraph shall include
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05923-02-0
        A. 3743--A                          2
 
     1  a  copy of the application for said license. Provided, however, that the
     2  copy of said application included with said notice shall not include the
     3  home address, home telephone number or social  security  number  of  any
     4  individual;  and provided further that the authority, in its discretion,
     5  may redact any other personal information contained in such  application

     6  in  order to prevent an unwarranted invasion of an individual's privacy.
     7  Upon the request of the authority, any municipality or  community  board
     8  may  waive  the  fifteen day notice requirement. No premises having been
     9  granted a license pursuant to this section shall be denied a renewal  of
    10  such license upon the grounds that such premises are within five hundred
    11  feet  of  a  building  or  buildings  wherein three or more premises are
    12  licensed  and  operating  pursuant  to   this   section   and   sections
    13  sixty-four-a,  sixty-four-b,  sixty-four-c,  and/or sixty-four-d of this
    14  article.
    15    § 2. Paragraph (d) of subdivision 7 of section 64-a of  the  alcoholic
    16  beverage  control law, as amended by chapter 463 of the laws of 2009, is
    17  amended to read as follows:
    18    (d) Notwithstanding the provisions of subparagraph (ii)  of  paragraph

    19  (a)  of  this subdivision, the authority may issue a license pursuant to
    20  this section for a premises which shall be within five hundred  feet  of
    21  three  or more existing premises licensed and operating pursuant to this
    22  section and  sections  sixty-four,  sixty-four-b,  sixty-four-c,  and/or
    23  sixty-four-d  of  this  article  if, after consultation with the munici-
    24  pality or community board, it  determines  that  granting  such  license
    25  would  be  in the public interest. Before it may issue any such license,
    26  the authority shall conduct a hearing, upon notice to the applicant  and
    27  the  municipality  or  community  board, and shall state and file in its
    28  office its reasons therefor. Notice to  the  municipality  or  community
    29  board  shall mean written notice mailed by the authority to such munici-
    30  pality or community board at least fifteen days in advance of any  hear-

    31  ing  scheduled  pursuant  to  this paragraph and shall include the date,
    32  time and place thereof.  Upon the request of the authority, any  munici-
    33  pality  or community board may waive the fifteen day notice requirement.
    34  In addition, such notice to the municipality or  community  board  of  a
    35  hearing scheduled pursuant to this paragraph shall include a copy of the
    36  application  for said license.  Provided, however, that the copy of said
    37  application included  with  said  notice  shall  not  include  the  home
    38  address, home telephone number or social security number of any individ-
    39  ual;  and  provided  further  that the authority, in its discretion, may
    40  redact any other personal information contained in such  application  in

    41  order  to prevent an unwarranted invasion of an individual's privacy. No
    42  premises having been granted a license pursuant to this section shall be
    43  denied a renewal of such license upon the grounds that such premises are
    44  within five hundred feet of a building or  buildings  wherein  three  or
    45  more  premises  are  licensed and operating pursuant to this section and
    46  sections sixty-four, sixty-four-b, sixty-four-c, and/or sixty-four-d  of
    47  this article.
    48    §  3.  This  act shall take effect on the ninetieth day after it shall
    49  have become a law and shall apply  to  all  applications  for  a  retail
    50  license,  or  special  retail  license,  for on-premises consumption for
    51  premises within five hundred feet of existing licensed premises that are
    52  pending before or filed with the state liquor authority on or after such

    53  effective date.  Effective immediately any rules or  regulations  neces-
    54  sary  or  convenient to implement the provisions of this act are author-
    55  ized to be promulgated on or before such effective date.