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S02359 Summary:

S02359 Actions:

S02359 Committee Votes:

S02359 Floor Votes:

S02359 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2359
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                    January 24, 2019
                                       ___________
 
        Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
          printed to be committed to the Committee on Investigations and Govern-
          ment Operations
 
        AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
          procedures  associated  with  issuing  licenses  to  sell  liquor  for
          consumption

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.    Subdivision  8 of section 100 of the alcoholic beverage
     2  control law, as added by chapter 256 of the laws of 1978 and  renumbered
     3  by  chapter  466 of the laws of 2015, is amended and a new subdivision 9
     4  is added to read as follows:
     5    8. Within ten days after filing a new application to  sell  liquor  at
     6  retail  under  section  sixty-three[, sixty-four, sixty-four-a or sixty-
     7  four-b] of this chapter, a notice thereof, in the form prescribed by the
     8  authority, shall be posted by the applicant in a  conspicuous  place  at
     9  the  entrance to the proposed premises. The applicant shall make reason-
    10  able efforts to insure such notice shall remain  posted  throughout  the
    11  pendency  of  the  application.  The  provisions hereof shall apply only
    12  where no retail liquor license  has  previously  been  granted  for  the
    13  proposed  premise  and  shall,  specifically,  not  be  applicable  to a
    14  proposed sale of an existing business engaged  in  the  retail  sale  of
    15  liquor.  The  authority may adopt such rules as it may deem necessary to
    16  carry out the purpose of this subdivision.
    17    9. (a) Within ten days after filing a new application or  an  applica-
    18  tion  for renewal to sell liquor under section sixty-four, sixty-four-a,
    19  sixty-four-b, sixty-four-c or sixty-four-d of  this  chapter,  a  notice
    20  thereof  shall  be posted by the applicant in a conspicuous place at the
    21  entrance to the establishment or proposed establishment where it can  be
    22  easily  read by passers-by. Said notice shall be in a form prescribed by
    23  the authority, provided however that said notice shall be either printed
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02346-01-9
        S. 2359                             2
 
     1  or highlighted in a pink ink of a neon, luminous or fluorescent variety.
     2  The notice shall specify the application date, the type of license,  the
     3  identification  number  and how to contact the state liquor authority to
     4  give a response to the application.  The applicant shall make reasonable
     5  efforts to insure such notice shall remain posted throughout the penden-
     6  cy  of  such  application.   Additionally, within ten days of the appli-
     7  cant's receipt of a written request from the  authority,  the  applicant
     8  shall re-post such notice.  The authority may adopt such rules as it may
     9  deem necessary to carry out the purpose of this paragraph.
    10    (b)  Within ten days of the applicant's receipt of written notice of a
    11  hearing  scheduled  pursuant  to  section  sixty-four,  sixty-four-a  or
    12  sixty-four-c  of  this  chapter, the applicant shall post a copy of such
    13  notice in a conspicuous place at the entrance to  the  establishment  or
    14  proposed  establishment  where it can be easily read by passers-by. This
    15  notice shall include in clear and concise language a  statement  of  the
    16  use  and capacity of the establishment. 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 authority may
    21  adopt such rules as it may deem necessary to carry out  the  purpose  of
    22  this paragraph.
    23    §  2.  This  act shall take effect on the ninetieth day after it shall
    24  have become a law and shall apply to all  applications  or  applications
    25  for renewal made under section 64, 64-a, 64-b, 64-c or 64-d of the alco-
    26  holic  beverage control law for a license to sell liquor for consumption
    27  that are pending before or filed with the state liquor authority  on  or
    28  after  such effective date; provided, however, that effective immediate-
    29  ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
    30  necessary  for  the implementation of this act on its effective date are
    31  authorized and directed to be made  and  completed  on  or  before  such
    32  effective date.