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S00575 Summary:

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S00575 Floor Votes:

S00575 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           575
 
                               2011-2012 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 5, 2011
                                       ___________
 
        Introduced  by  Sens. KLEIN, HASSELL-THOMPSON, KRUEGER -- read twice and
          ordered printed, and when printed to be committed to the Committee  on
          Commerce, Economic Development and Small Business
 
        AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to

          procedures associated with  issuing  retail,  special  retail,  bottle
          club,  restaurant-brewer  and  cabaret  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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03488-02-1
        S. 575                              2
 
     1  regarding  said  license,  upon  notice to the applicant and the munici-
     2  pality or community  board.  The  public  meeting  may  be  rescheduled,
     3  adjourned  or  continued,  and  the  authority  shall give notice to the
     4  applicant  and  the municipality or community board of any such resched-

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

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

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

    40  regarding  said  license,  upon  notice to the applicant and the munici-
    41  pality or community  board.  The  public  meeting  may  be  rescheduled,
    42  adjourned  or  continued,  and  the  authority  shall give notice to the
    43  applicant and the municipality or community board of any  such  resched-
    44  uled,  adjourned  or  continued  public meeting. No premises having been
    45  granted a license pursuant to this section shall be denied a renewal  of
    46  such license upon the grounds that such premises are within five hundred
    47  feet  of  a  building  or  buildings  wherein three or more premises are
    48  licensed and operating pursuant to this section and sections sixty-four,
    49  sixty-four-b, sixty-four-c, and/or sixty-four-d of this article.
    50    § 3. Paragraph (c) of subdivision 5 of section 64-b of  the  alcoholic

    51  beverage  control law, as amended by chapter 463 of the laws of 2009, is
    52  amended to read as follows:
    53    (c) Notwithstanding the provisions of subparagraph (ii)  of  paragraph
    54  (a)  of  this subdivision, the authority may issue a license pursuant to
    55  this section for a premises which shall be within five hundred  feet  of
    56  three  or more existing premises licensed and operating pursuant to this
        S. 575                              3
 
     1  section and  sections  sixty-four,  sixty-four-a,  sixty-four-c,  and/or
     2  sixty-four-d  of  this  article  if, after consultation with the munici-
     3  pality or community board, it  determines  that  granting  such  license
     4  would  be  in the public interest. Before it may issue any such license,
     5  the authority shall conduct a hearing, upon notice to the applicant  and

     6  the  municipality  or  community  board, and shall state and file in its
     7  office its reasons therefor.  The hearing may be rescheduled,  adjourned
     8  or  continued,  and the authority shall give notice to the applicant and
     9  the municipality or community board of any such  rescheduled,  adjourned
    10  or continued hearing.  Before the authority issues any said license, the
    11  authority  or  one or more of the commissioners thereof may, in addition
    12  to the hearing required by this paragraph, also conduct a public meeting
    13  regarding said license, upon notice to the  applicant  and  the  munici-
    14  pality  or  community  board.  The  public  meeting  may be rescheduled,
    15  adjourned or continued, and the  authority  shall  give  notice  to  the

    16  applicant  and  the municipality or community board of any such resched-
    17  uled, adjourned or continued public meeting. Notice to the  municipality
    18  or  community board shall mean written notice mailed by the authority to
    19  such municipality or community board at least fifteen days in advance of
    20  any hearing scheduled pursuant to this paragraph. Upon  the  request  of
    21  the authority, any municipality or community board may waive the fifteen
    22  day notice requirement. No premises having been granted a license pursu-
    23  ant  to  this section shall be denied a renewal of such license upon the
    24  grounds that such premises are within five hundred feet of a building or
    25  buildings wherein three or more  premises  are  licensed  and  operating
    26  pursuant  to  this section and sections sixty-four, sixty-four-a, sixty-
    27  four-c, and/or sixty-four-d of this article.

    28    § 4. Paragraph (c) of subdivision 11 of section 64-c of the  alcoholic
    29  beverage  control law, as amended by chapter 463 of the laws of 2009, is
    30  amended to read as follows:
    31    (c) Notwithstanding the provisions of subparagraph (ii)  of  paragraph
    32  (a)  of  this subdivision, the authority may issue a license pursuant to
    33  this section for a premises which shall be within five hundred  feet  of
    34  three  or more existing premises licensed and operating pursuant to this
    35  section  and  sections  sixty-four,  sixty-four-a,  sixty-four-b  and/or
    36  sixty-four-d  of  this  article  if, after consultation with the munici-
    37  pality or community board, it  determines  that  granting  such  license
    38  would  be  in the public interest. Before it may issue any such license,
    39  the authority shall conduct a hearing, upon notice to the applicant  and

    40  the  municipality  or  community  board, and shall state and file in its
    41  office its reasons therefor.  The hearing may be rescheduled,  adjourned
    42  or  continued,  and the authority shall give notice to the applicant and
    43  the municipality or community board of any such  rescheduled,  adjourned
    44  or continued hearing.  Before the authority issues any said license, the
    45  authority  or  one or more of the commissioners thereof may, in addition
    46  to the hearing required by this paragraph, also conduct a public meeting
    47  regarding said license, upon notice to the  applicant  and  the  munici-
    48  pality  or  community  board.  The  public  meeting  may be rescheduled,
    49  adjourned or continued, and the  authority  shall  give  notice  to  the

    50  applicant  and  the municipality or community board of any such resched-
    51  uled, adjourned or continued public meeting. Notice to the  municipality
    52  or  community board shall mean written notice mailed by the authority to
    53  such municipality or community board at least fifteen days in advance of
    54  any hearing scheduled pursuant to this paragraph. Upon  the  request  of
    55  the authority, any municipality or community board may waive the fifteen
    56  day notice requirement. No premises having been granted a license pursu-
        S. 575                              4
 
     1  ant  to  this section shall be denied a renewal of such license upon the
     2  grounds that such premises are within five hundred feet of a building or
     3  buildings wherein three or more  premises  are  operating  and  licensed

     4  pursuant  to  this  section or sections sixty-four, sixty-four-a, sixty-
     5  four-b and/or sixty-four-d of this article.
     6    § 5. Paragraph (e) of subdivision 8 of section 64-d of  the  alcoholic
     7  beverage  control law, as amended by chapter 463 of the laws of 2009, is
     8  amended to read as follows:
     9    (e) notwithstanding the provisions of paragraph (b) of  this  subdivi-
    10  sion,  the  authority may issue a license pursuant to this section for a
    11  premises which shall be within five hundred feet of an existing premises
    12  licensed and operating pursuant to the provisions  of  this  section  or
    13  within five hundred feet of three or more existing premises licensed and
    14  operating   pursuant   to   this   section   and   sections  sixty-four,
    15  sixty-four-a, sixty-four-b, and/or  sixty-four-c  of  this  article  if,
    16  after  consultation  with the municipality or community board, it deter-

    17  mines that granting such  license  would  be  in  the  public  interest.
    18  Before  it  may  issue  any  such license, the authority shall conduct a
    19  hearing, upon notice to the applicant and the municipality or  community
    20  board, and shall state and file in its office its reasons therefor.  The
    21  hearing  may  be  rescheduled, adjourned or continued, and the authority
    22  shall give notice to the applicant and  the  municipality  or  community
    23  board  of  any such rescheduled, adjourned or continued hearing.  Before
    24  the authority issues any said license, the authority or one or  more  of
    25  the  commissioners  thereof  may, in addition to the hearing required by
    26  this paragraph, also conduct a public meeting  regarding  said  license,

    27  upon  notice  to  the applicant and the municipality or community board.
    28  The public meeting may be rescheduled, adjourned or continued,  and  the
    29  authority  shall  give  notice  to the applicant and the municipality or
    30  community board of any such rescheduled, adjourned or  continued  public
    31  meeting.  Notice to the municipality or community board shall mean writ-
    32  ten notice mailed by the authority to  such  municipality  or  community
    33  board at least fifteen days in advance of any hearing scheduled pursuant
    34  to  this  paragraph. Upon the request of the authority, any municipality
    35  or community board may waive the  fifteen  day  notice  requirement.  No
    36  premises having been granted a license pursuant to this section shall be
    37  denied a renewal of such license upon the grounds that such premises are

    38  within  five hundred feet of an existing premises licensed and operating
    39  pursuant to the provisions of this section or within five  hundred  feet
    40  of  a  building or buildings wherein three or more premises are licensed
    41  and operating pursuant to this section and sections  sixty-four,  sixty-
    42  four-a, sixty-four-b, and/or sixty-four-c of this article.
    43    § 6. This act shall take effect on the one hundred eightieth day after
    44  it  shall  have  become  a law and shall apply to all applications for a
    45  retail license, special retail license,  bottle  club  license,  restau-
    46  rant-brewer  license  or cabaret license, for on-premises consumption of
    47  alcoholic beverages for premises within five hundred  feet  of  existing
    48  licensed premises that are pending before or filed with the state liquor
    49  authority  on  or  after such effective date.  Effective immediately any

    50  rules or regulations necessary or convenient to implement the provisions
    51  of this act are authorized to be promulgated on or before such effective
    52  date.