Relates to license and permit applications; requires applicants for such licenses or permits to be furnished with a receipt for the appropriate fee once it is paid in full; the authority's public website shall be updated daily with a list of all open license and permit applications.
STATE OF NEW YORK
________________________________________________________________________
10669
IN ASSEMBLY
June 24, 2020
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Woerner) --
read once and referred to the Committee on Economic Development
AN ACT to amend the alcoholic beverage control law, in relation to
license and permit applications
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 110-c of the alcoholic beverage control law, as
2 added by chapter 340 of the laws of 2019, is amended to read as follows:
3 § 110-c. Public license query. 1. The authority shall make available
4 to the public all digitally archived information pertaining to any
5 conditions it imposes on the operation of a premises licensed by the
6 authority pursuant to this chapter, including but not necessarily limit-
7 ed to information pertaining to the hours during which the licensed
8 premises is allowed to operate, the maximum permitted occupancy of the
9 licensed premises, and any special conditions imposed by the authority
10 on the licensed premises.
11 2. The authority shall make available to the public on its public
12 website a daily updated list of all open license and permit applications
13 received by the authority, in the order that they are received. Such
14 list shall utilize the serial, certificate or other identifying number
15 assigned by the authority, as provided by subdivision one of section one
16 hundred fourteen-a of this article, to provide the applicant with infor-
17 mation on the status of their application's review. Such list on the
18 authority's public website shall include, but not be limited to, the
19 following information: the name and complete address of the applicant;
20 the county of the applicant; the license type and class the applicant is
21 seeking; the date such application has been received and if any license
22 or permit fee has been paid; based on the date submitted, an estimated
23 timeframe, in weeks, for an application final determination; if the
24 initial timeframe needs to be revised, then modified timeframe going
25 forward shall be posted and denoted in the same manner; and if the
26 authority has issued any temporary permit or license for the applicant's
27 premises; and the final date of an applications determination.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15205-04-0
A. 10669 2
1 3. The authority shall maintain a record of the number of licenses or
2 permits applied for and the length of time required for the approval or
3 denial of such licenses or permits on its public website. Such records
4 shall be updated at least monthly by the authority.
5 4. If an applicant's estimated time for a final application determi-
6 nation is modified from the original estimate as provided for in subdi-
7 vision one of section one hundred fourteen-a of this article, then the
8 authority shall immediately notify the applicant.
9 § 2. Section 114-a of the alcoholic beverage control law, as added by
10 chapter 361 of the laws of 1994, is amended to read as follows:
11 § 114-a. License or permit issuance and registration approval. 1. The
12 authority upon acceptance of any payment by an applicant for a license
13 or permit issued under this chapter shall furnish such applicant with a
14 receipt within fifteen days indicating that the appropriate license or
15 permit fee has been accepted and paid in full. Such receipt shall
16 include the date of acceptance of such license or permit application fee
17 as well as an estimated length of time, based on an initial review of
18 the application for a license or permit, necessary for the authority to
19 review and process such application as required for the approval or
20 denial of such license or permit. Such receipt shall include a unique
21 serial, certification or other identifying number to be assigned by the
22 authority to the applicant for queries about such license or permit
23 application status.
24 2. No license or permit shall be issued and no registration approved
25 pursuant to this chapter until such time as any check or draft submitted
26 for payment of the required fee has been honored by the payor financial
27 institution, provided, however, that this provision shall not apply in
28 the case of a certified check, bank officers' check or money order.
29 § 3. This act shall take effect on the sixtieth day after it shall
30 have become a law; provided, however that section one of this act shall
31 take effect one year after it shall have become a law. Effective imme-
32 diately, the addition, amendment and/or repeal of any rule or regulation
33 necessary for the implementation of this act on its effective date are
34 authorized to be made and completed on or before such effective date.