S07784 Summary:

BILL NOS07784
 
SAME ASSAME AS A08699
 
SPONSORRAMOS
 
COSPNSR
 
MLTSPNSR
 
Amd 110-b & 97-a, ABC L
 
Relates to certain temporary retail permits issued by the state liquor authority to licensees located in a municipality having a population of one million or more persons; provides that applicants in such a municipality applying for a temporary retail permit must file additional notice; provides conditions for operation under a temporary retail permit in a city with a population of one million or more.
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S07784 Actions:

BILL NOS07784
 
01/11/2022REFERRED TO RULES
01/18/2022ORDERED TO THIRD READING CAL.153
01/20/2022PASSED SENATE
01/20/2022DELIVERED TO ASSEMBLY
01/20/2022referred to economic development
01/25/2022substituted for a8699
01/25/2022ordered to third reading cal.303
01/25/2022passed assembly
01/25/2022returned to senate
02/24/2022DELIVERED TO GOVERNOR
02/24/2022SIGNED CHAP.106
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S07784 Committee Votes:

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S07784 Floor Votes:

DATE:01/25/2022Assembly Vote  YEA/NAY: 138/5
Yes
Abbate
Yes
Colton
Yes
Gallagher
Yes
Lawler
Yes
Perry
Yes
Smullen
Yes
Abinanti
Yes
Conrad
Yes
Gallahan
Yes
Lemondes
Yes
Pheffer Amato
Yes
Solages
Yes
Anderson
Yes
Cook
Yes
Gandolfo
Yes
Lunsford
Yes
Pretlow
Yes
Steck
Yes
Angelino
Yes
Cruz
Yes
Giglio JA
Yes
Lupardo
ER
Quart
Yes
Stern
Yes
Ashby
Yes
Cusick
Yes
Giglio JM
Yes
Magnarelli
Yes
Ra
Yes
Stirpe
No
Aubry
Yes
Cymbrowitz
No
Glick
Yes
Mamdani
Yes
Rajkumar
Yes
Tague
Yes
Barclay
Yes
Darling
Yes
Gonzalez-Rojas
Yes
Manktelow
Yes
Ramos
Yes
Tannousis
Yes
Barnwell
Yes
Davila
Yes
Goodell
Yes
McDonald
Yes
Reilly
Yes
Tapia
Yes
Barrett
Yes
DeStefano
Yes
Gottfried
Yes
McDonough
Yes
Reyes
Yes
Taylor
ER
Benedetto
Yes
Dickens
Yes
Griffin
Yes
McMahon
Yes
Richardson
Yes
Thiele
Yes
Bichotte Hermel
Yes
Dilan
Yes
Gunther
Yes
Meeks
Yes
Rivera J
Yes
Vanel
Yes
Blankenbush
Yes
Dinowitz
Yes
Hawley
Yes
Mikulin
Yes
Rivera JD
Yes
Walczyk
Yes
Brabenec
Yes
DiPietro
Yes
Hevesi
Yes
Miller B
Yes
Rosenthal D
Yes
Walker
Yes
Braunstein
Yes
Durso
Yes
Hunter
Yes
Miller M
Yes
Rosenthal L
Yes
Wallace
Yes
Bronson
Yes
Eichenstein
Yes
Hyndman
Yes
Mitaynes
Yes
Rozic
Yes
Walsh
No
Brown
Yes
Englebright
Yes
Jackson
No
Montesano
Yes
Salka
No
Weinstein
Yes
Burdick
Yes
Epstein
Yes
Jacobson
Yes
Morinello
Yes
Santabarbara
Yes
Weprin
Yes
Burgos
Yes
Fahy
Yes
Jean-Pierre
Yes
Niou
Yes
Sayegh
Yes
Williams
Yes
Burke
Yes
Fall
Yes
Jensen
ER
Nolan
Yes
Schmitt
Yes
Woerner
Yes
Buttenschon
Yes
Fernandez
Yes
Jones
Yes
Norris
Yes
Seawright
Yes
Zebrowski
Yes
Byrne
Yes
Fitzpatrick
Yes
Joyner
Yes
O'Donnell
Yes
Septimo
Yes
Zinerman
Yes
Byrnes
Yes
Forrest
Yes
Kelles
Yes
Otis
Yes
Sillitti
Yes
Mr. Speaker
Yes
Cahill
Yes
Friend
Yes
Kim
Yes
Palmesano
Yes
Simon
Yes
Carroll
ER
Frontus
Yes
Lalor
Yes
Paulin
Yes
Simpson
Yes
Clark
Yes
Galef
Yes
Lavine
Yes
Peoples-Stokes
Yes
Smith

‡ Indicates voting via videoconference
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S07784 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7784
 
                    IN SENATE
 
                                    January 11, 2022
                                       ___________
 
        Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        AN ACT to amend the alcoholic beverage control law, in relation  to  the
          issuance of temporary retail permits
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraphs (c) and (d) of subdivision 1 of section 110-b of
     2  the alcoholic beverage control law, as added by chapter 560 of the  laws
     3  of  2011,  are  amended  and  a  new  paragraph  (e) is added to read as
     4  follows:
     5    (c) for approval of an alteration under section ninety-nine-d of  this
     6  chapter  if  the  premises  is  located  within the city of New York and
     7  licensed  pursuant  to  section  fifty-five,  fifty-five-a,  sixty-four,
     8  sixty-four-a,  sixty-four-c, sixty-four-d, eighty-one or eighty-one-a of
     9  this chapter; [or]
    10    (d) for approval of a substantial corporate change under section nine-
    11  ty-nine-d of this chapter if the premises is located within the city  of
    12  New  York  and  licensed  pursuant  to section fifty-five, fifty-five-a,
    13  sixty-four,  sixty-four-a,  sixty-four-c,  sixty-four-d,  eighty-one  or
    14  eighty-one-a of this chapter[.]; or
    15    (e) for a temporary retail permit issued under paragraph (b) of subdi-
    16  vision  one  of  section ninety-seven-a of this chapter where the estab-
    17  lishment is to be licensed pursuant to section fifty-five, fifty-five-a,
    18  sixty-four,  sixty-four-a,  sixty-four-b,  sixty-four-c,   sixty-four-d,
    19  eighty-one  or  eighty-one-a  of  this  chapter located in a city with a
    20  population of one million or more people. If  an  applicant  subject  to
    21  this  paragraph  shall, after filing an application for a retail license
    22  and providing proper notice for such application pursuant  to  paragraph
    23  (a)  of  this subdivision, subsequently file an application for a tempo-
    24  rary retail permit pursuant to section ninety-seven-a of this chapter at
    25  the same premises, such applicant must file additional  notice  pursuant
    26  to  this  paragraph; provided, however, such notice will be effective at
    27  the later of its proper service under this section or thirty  days  from
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03760-04-2

        S. 7784                             2
 
     1  the  date  proper notice was served under paragraph (a) of this subdivi-
     2  sion for the license at the same premises.
     3    §  2.  Subdivision 3 of section 97-a of the alcoholic beverage control
     4  law, as added by chapter 396 of the laws of 2010, is amended to read  as
     5  follows:
     6    3. A temporary retail permit under paragraph (b) of subdivision one of
     7  this  section  may not be issued for any premises that is subject to the
     8  provisions of section sixty-three[,] or seventy-nine of this chapter;  a
     9  temporary  retail  permit under paragraph (b) of subdivision one of this
    10  section shall not be issued for a premises subject to the provisions  of
    11  paragraph  (b)  of subdivision seven of section sixty-four, subparagraph
    12  (ii) of paragraph (a) of  subdivision  seven  of  section  sixty-four-a,
    13  subparagraph  (ii)  of  paragraph  (a)  of subdivision eleven of section
    14  sixty-four-c, or paragraph (b) of subdivision eight  of  section  sixty-
    15  four-d,  [or  section  seventy-nine  of this chapter] unless and until a
    16  recommendation that there be a finding of public interest has been  made
    17  by  an administrative law judge pursuant to paragraph (f) of subdivision
    18  seven of section sixty-four,  paragraph  (d)  of  subdivision  seven  of
    19  section  sixty-four-a,  paragraph  (c)  of  subdivision  five of section
    20  sixty-four-b,  paragraph  (c)   of   subdivision   eleven   of   section
    21  sixty-four-c,  or  paragraph  (e) of subdivision eight of section sixty-
    22  four-d of this chapter. Provided however, any premises granted a  tempo-
    23  rary  retail  permit pursuant to this subdivision in a city with a popu-
    24  lation of one million or more people shall only be allowed to operate on
    25  the premises under the following conditions: an  active  retail  license
    26  shall  have  existed at the location within the past two years, and such
    27  license shall not have been  canceled,  suspended,  or  revoked  by  the
    28  authority  within  the  past  two years; the closing time any day of the
    29  week shall be no later than midnight; provided however that the  closing
    30  time  of any outdoor space shall be no later than ten o'clock post-meri-
    31  dian Sunday through Thursday and eleven o'clock post-meridian Friday and
    32  Saturday; no outdoor music; indoors shall have recorded background music
    33  only, with no live music, DJ's, karaoke, or similar forms of music;  and
    34  no  dancing. The authority shall automatically lift such restrictions if
    35  the authority issues a retail license for the premises, and replace such
    36  restrictions with other restrictions, if any, imposed by  the  authority
    37  in accordance with the public interest standard.
    38    §  3. Section 97-a of the alcoholic beverage control law is amended by
    39  adding a new subdivision 3-a to read as follows:
    40    3-a. A notice for a public hearing pursuant to paragraph (f) of subdi-
    41  vision seven of section sixty-four, paragraph (d) of  subdivision  seven
    42  of  section  sixty-four-a,  paragraph (c) of subdivision five of section
    43  sixty-four-b,  paragraph  (c)   of   subdivision   eleven   of   section
    44  sixty-four-c,  or  paragraph  (e) of subdivision eight of section sixty-
    45  four-d of this chapter shall also include notification that a  temporary
    46  retail  permit  may  be  issued to the premises by the authority after a
    47  recommendation that there be a finding of public interest has been  made
    48  in proceedings conducted pursuant to subdivision three of this section.
    49    §  4.  This  act  shall  take  effect on the same date and in the same
    50  manner as a chapter of the laws of 2021 amending the alcoholic  beverage
    51  control  law  relating to authorizing the issuance of a temporary retail
    52  permit by the state liquor authority to licensees located in  a  munici-
    53  pality  having  a population of one million or more persons, as proposed
    54  in legislative bills numbers S. 2743 and A. 3909, takes effect.
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