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A03827 Summary:

A03827 Actions:

A03827 Floor Votes:

A03827 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3827--A
 
                               2009-2010 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 28, 2009
                                       ___________
 
        Introduced by M. of A. LENTOL, V. LOPEZ -- 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  commit-
          tee
 

        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.  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
    19  to the hearing required by this paragraph, also conduct a public meeting
    20  regarding said license, upon notice to the  applicant  and  the  munici-
    21  pality  or  community  board.  The  public  meeting  may be rescheduled,
    22  adjourned or continued, and the  authority  shall  give  notice  to  the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05926-02-0
        A. 3827--A                          2
 
     1  applicant  and  the municipality or community board of any such resched-

     2  uled, adjourned or continued public meeting. Notice to the  municipality
     3  or  community board shall mean written notice mailed by the authority to
     4  such municipality or community board at least fifteen days in advance of
     5  any  hearing  scheduled  pursuant to this paragraph. Upon the request of
     6  the authority, any municipality or community board may waive the fifteen
     7  day notice requirement. No premises having been granted a license pursu-
     8  ant to this section shall be denied a renewal of such license  upon  the
     9  grounds that such premises are within five hundred feet of a building or
    10  buildings  wherein  three  or  more  premises are licensed and operating
    11  pursuant  to  this  section  and  sections  sixty-four-a,  sixty-four-b,
    12  sixty-four-c, and/or sixty-four-d of this article.
    13    §  2.  Paragraph (d) of subdivision 7 of section 64-a of the alcoholic

    14  beverage control law, as amended by chapter 463 of the laws of 2009,  is
    15  amended to read as follows:
    16    (d)  Notwithstanding  the provisions of subparagraph (ii) of paragraph
    17  (a) of this subdivision, the authority may issue a license  pursuant  to
    18  this  section  for a premises which shall be within five hundred feet of
    19  three or more existing premises licensed and operating pursuant to  this
    20  section  and  sections  sixty-four,  sixty-four-b,  sixty-four-c, and/or
    21  sixty-four-d of this article if, after  consultation  with  the  munici-
    22  pality  or  community  board,  it  determines that granting such license
    23  would be in the public interest. Before it may issue any  such  license,
    24  the  authority shall conduct a hearing, upon notice to the applicant and
    25  the municipality or community board, and shall state  and  file  in  its

    26  office  its  reasons  therefor.  Notice to the municipality or community
    27  board shall mean written notice mailed by the authority to such  munici-
    28  pality  or community board at least fifteen days in advance of any hear-
    29  ing scheduled pursuant to  this  paragraph.  Upon  the  request  of  the
    30  authority, any municipality or community board may waive the fifteen day
    31  notice  requirement.    The  hearing  may  be  rescheduled, adjourned or
    32  continued, and the authority shall give notice to the applicant and  the
    33  municipality  or  community  board of any such rescheduled, adjourned or
    34  continued hearing.  Before the authority issues any  said  license,  the
    35  authority  or  one or more of the commissioners thereof may, in addition
    36  to the hearing required by this paragraph, also conduct a public meeting

    37  regarding said license, upon notice to the  applicant  and  the  munici-
    38  pality  or  community  board.  The  public  meeting  may be rescheduled,
    39  adjourned or continued, and the  authority  shall  give  notice  to  the
    40  applicant  and  the municipality or community board of any such resched-
    41  uled, adjourned or continued public meeting.  No  premises  having  been
    42  granted  a license pursuant to this section shall be denied a renewal of
    43  such license upon the grounds that such premises are within five hundred
    44  feet of a building or buildings  wherein  three  or  more  premises  are
    45  licensed and operating pursuant to this section and sections sixty-four,
    46  sixty-four-b, sixty-four-c, and/or sixty-four-d of this article.
    47    §  3.  This  act shall take effect on the ninetieth day after it shall

    48  have become a law and shall apply  to  all  applications  for  a  retail
    49  license,  or  special  retail  license,  for on-premises consumption for
    50  premises within five hundred feet of existing licensed premises that are
    51  pending before or filed with the state liquor authority on or after such
    52  effective date.  Effective immediately any rules or  regulations  neces-
    53  sary  or  convenient to implement the provisions of this act are author-
    54  ized to be promulgated on or before such effective date.