Actions

Text

STATE OF NEW YORK
________________________________________________________________________

10736

IN ASSEMBLY

June 18, 2012
___________

Introduced by COMMITTEE ON RULES -- (at request of M. of A. Kavanagh) --
  read once and referred to the Committee on Economic Development

AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
  making  the  provisions  governing  the  various  on-premises   liquor
  licenses  consistent  with respect to public interest factors that may
  be considered by the state liquor authority when evaluating the merits
  of a license application

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  6-a  of section 64 of the alcoholic beverage
control law, as added by chapter 670 of the laws of 1993, is amended  to
read as follows:
  6-a.  The authority [may] SHALL consider [any or] all of the following
in determining whether public convenience and advantage and  the  public
interest  will  be promoted by the granting of [licenses and permits for
the sale of alcoholic beverages at a particular unlicensed  location]  A
LICENSE PURSUANT TO THIS SECTION:
  (a)  [The]  THE number, classes and character of licenses in proximity
to the location and in the particular municipality or subdivision there-
of[.];
  (b) [Evidence] EVIDENCE that all necessary licenses and  permits  have
been obtained from the state and all other governing bodies[.];
  (c)  [Effect]  EFFECT of the grant of the license on vehicular traffic
and parking in proximity to the location[.];
  (d) [The] THE existing noise level at the location and any increase in
noise level that would be generated by the proposed premises[.];
  (e) [The] THE history  of  liquor  violations  and  reported  criminal
activity at the proposed premises[.];
  (f)  HISTORY  OF  BUILDING AND FIRE VIOLATIONS AT ANY BUSINESSES OWNED
AND/OR OPERATED BY THE APPLICANT;
  (G) HISTORY OF CITY OF NEW YORK COMMUNITY BOARD OPINIONS AND DECISIONS
MADE PURSUANT TO THIS CHAPTER FOR BUSINESSES OWNED  AND/OR  OPERATED  BY
THE APPLICANT; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00120-01-1
A. 10736                            2

  (H)  [Any]  ANY  other factors specified by law or regulation that are
relevant to determine the public convenience and advantage  [and  public
interest  of  the  community] AND NECESSARY TO FIND THAT THE GRANTING OF
SUCH LICENSE SHALL BE IN THE PUBLIC INTEREST.
  S  2. Section 64-a of the alcoholic beverage control law is amended by
adding a new subdivision 6-a to read as follows:
  6-A. THE AUTHORITY SHALL CONSIDER ALL OF THE FOLLOWING IN  DETERMINING
WHETHER PUBLIC CONVENIENCE AND ADVANTAGE AND THE PUBLIC INTEREST WILL BE
PROMOTED BY THE GRANTING OF A LICENSE PURSUANT TO THIS SECTION:
  (A)  THE NUMBER, CLASSES AND CHARACTER OF LICENSES IN PROXIMITY TO THE
LOCATION AND IN THE PARTICULAR MUNICIPALITY OR SUBDIVISION THEREOF;
  (B) EVIDENCE THAT APPLICANTS HAVE SECURED ALL NECESSARY  LICENSES  AND
PERMITS FROM THE STATE AND ALL OTHER GOVERNING BODIES;
  (C) THE EFFECT THAT THE GRANTING OF THE LICENSE WILL HAVE ON VEHICULAR
TRAFFIC AND PARKING IN THE PROXIMITY OF THE LOCATION;
  (D) THE EXISTING NOISE LEVEL AT THE LOCATION AND ANY INCREASE IN NOISE
LEVEL THAT WOULD BE GENERATED BY THE PROPOSED PREMISES;
  (E) THE HISTORY OF LIQUOR VIOLATIONS AND REPORTED CRIMINAL ACTIVITY AT
THE PROPOSED PREMISES;
  (F)  HISTORY  OF  BUILDING AND FIRE VIOLATIONS AT ANY BUSINESSES OWNED
AND/OR OPERATED BY THE APPLICANT;
  (G) HISTORY OF CITY OF NEW YORK COMMUNITY BOARD OPINIONS AND DECISIONS
MADE PURSUANT TO THIS CHAPTER FOR BUSINESSES OWNED  AND/OR  OPERATED  BY
THE APPLICANT; AND
  (H) ANY OTHER FACTORS SPECIFIED BY LAW OR REGULATION THAT ARE RELEVANT
TO  DETERMINE  THE PUBLIC CONVENIENCE OR ADVANTAGE AND NECESSARY TO FIND
THAT THE GRANTING OF SUCH LICENSE SHALL BE IN THE PUBLIC INTEREST.
  S 3. Section 64-b of the alcoholic beverage control law is amended  by
adding a new subdivision 4-a to read as follows:
  4-A.  THE AUTHORITY SHALL CONSIDER ALL OF THE FOLLOWING IN DETERMINING
WHETHER PUBLIC CONVENIENCE AND ADVANTAGE AND THE PUBLIC INTEREST WILL BE
PROMOTED BY THE GRANTING OF A LICENSE PURSUANT TO THIS SECTION:
  (A) THE NUMBER, CLASSES AND CHARACTER OF LICENSES IN PROXIMITY TO  THE
LOCATION AND IN THE PARTICULAR MUNICIPALITY OR SUBDIVISION THEREOF;
  (B)  EVIDENCE  THAT APPLICANTS HAVE SECURED ALL NECESSARY LICENSES AND
PERMITS FROM THE STATE AND ALL OTHER GOVERNING BODIES;
  (C) THE EFFECT THAT THE GRANTING OF THE LICENSE WILL HAVE ON VEHICULAR
TRAFFIC AND PARKING IN THE PROXIMITY OF THE LOCATION;
  (D) THE EXISTING NOISE LEVEL AT THE LOCATION AND ANY INCREASE IN NOISE
LEVEL THAT WOULD BE GENERATED BY THE PROPOSED PREMISES;
  (E) THE HISTORY OF LIQUOR VIOLATIONS AND REPORTED CRIMINAL ACTIVITY AT
THE PROPOSED PREMISES;
  (F) HISTORY OF BUILDING AND FIRE VIOLATIONS AT  ANY  BUSINESSES  OWNED
AND/OR OPERATED BY THE APPLICANT;
  (G) HISTORY OF CITY OF NEW YORK COMMUNITY BOARD OPINIONS AND DECISIONS
MADE  PURSUANT  TO  THIS CHAPTER FOR BUSINESSES OWNED AND/OR OPERATED BY
THE APPLICANT; AND
  (H) ANY OTHER FACTORS SPECIFIED BY LAW OR REGULATION THAT ARE RELEVANT
TO DETERMINE THE PUBLIC CONVENIENCE OR ADVANTAGE AND NECESSARY  TO  FIND
THAT THE GRANTING OF SUCH LICENSE SHALL BE IN THE PUBLIC INTEREST.
  S  4. Section 64-c of the alcoholic beverage control law is amended by
adding a new subdivision 10-a to read as follows:
  10-A. THE AUTHORITY SHALL CONSIDER ALL OF THE FOLLOWING IN DETERMINING
WHETHER PUBLIC CONVENIENCE AND ADVANTAGE AND THE PUBLIC INTEREST WILL BE
PROMOTED BY THE GRANTING OF A LICENSE PURSUANT TO THIS SECTION:
A. 10736                            3

  (A) THE NUMBER, CLASSES AND CHARACTER OF LICENSES IN PROXIMITY TO  THE
LOCATION AND IN THE PARTICULAR MUNICIPALITY OR SUBDIVISION THEREOF;
  (B)  EVIDENCE  THAT APPLICANTS HAVE SECURED ALL NECESSARY LICENSES AND
PERMITS FROM THE STATE AND ALL OTHER GOVERNING BODIES;
  (C) THE EFFECT THAT THE GRANTING OF THE LICENSE WILL HAVE ON VEHICULAR
TRAFFIC AND PARKING IN THE PROXIMITY OF THE LOCATION;
  (D) THE EXISTING NOISE LEVEL AT THE LOCATION AND ANY INCREASE IN NOISE
LEVEL THAT WOULD BE GENERATED BY THE PROPOSED PREMISES;
  (E) THE HISTORY OF LIQUOR VIOLATIONS AND REPORTED CRIMINAL ACTIVITY AT
THE PROPOSED PREMISES;
  (F) HISTORY OF BUILDING AND FIRE VIOLATIONS AT  ANY  BUSINESSES  OWNED
AND/OR OPERATED BY THE APPLICANT;
  (G) HISTORY OF CITY OF NEW YORK COMMUNITY BOARD OPINIONS AND DECISIONS
MADE  PURSUANT  TO  THIS CHAPTER FOR BUSINESSES OWNED AND/OR OPERATED BY
THE APPLICANT; AND
  (H) ANY OTHER FACTORS SPECIFIED BY LAW OR REGULATION THAT ARE RELEVANT
TO DETERMINE THE PUBLIC CONVENIENCE OR ADVANTAGE AND NECESSARY  TO  FIND
THAT THE GRANTING OF SUCH LICENSE SHALL BE IN THE PUBLIC INTEREST.
  S 5. This act shall take effect immediately.