A505-2011 Actions

• Jan 4, 2012: referred to economic development
• Jan 5, 2011: referred to economic development

A505-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          505
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 (PREFILED)
 January 5, 2011
 
 Introduced by M. of A. WRIGHT -- read once and referred to the Committee
 on Economic Development, Job Creation, Commerce and Industry
 AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
 requiring the liquor authority to hold a hearing upon the action of  a
 borough  board in certain cases of disruptive activities and providing
 for local approval of certain licenses
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.  Subdivision  2  of  section 119 of the alcoholic beverage
 control law, as amended by chapter 83 of the laws of 1995, is amended to
 read as follows:

 2. (A) The liquor authority may on its own initiative or on  complaint
 of  any  person  institute  proceedings to revoke, cancel or suspend any
 retail license and may impose a civil penalty against the licensee after
 a hearing at which the licensee shall be  given  an  opportunity  to  be
 heard. Such hearing shall be held in such manner and upon such notice as
 may be prescribed by the rules of the liquor authority.
 (B)  A  COMMUNITY  BOARD OF A CITY WITH A POPULATION OF ONE MILLION OR
 MORE MAY HOLD A HEARING  TO  INVESTIGATE  A  COMPLAINT  OF  "CAUSE",  AS
 DEFINED  IN  SUBDIVISION  THREE  OF SECTION ONE HUNDRED EIGHTEEN OF THIS
 ARTICLE. IF SUCH COMMUNITY BOARD FINDS SUCH COMPLAINT TO  BE  VALID,  IT
 SHALL,  AND IS HEREBY AUTHORIZED TO, SUSPEND THE LICENSE OF THE LICENSEE
 PENDING THE OUTCOME OF PROCEEDINGS PURSUANT TO  PARAGRAPH  (A)  OF  THIS
 SUBDIVISION AND GIVE NOTICE THEREOF TO THE LIQUOR AUTHORITY.  THE LIQUOR
 AUTHORITY   SHALL   THEREUPON  INSTITUTE  PROCEEDINGS  PURSUANT  TO  THE
 PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION.
 

S 2. Paragraph (f) of subdivision 7 of section  64  of  the  alcoholic
 beverage  control law, as amended by chapter 463 of the laws of 2009, is
 amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03405-01-1
 
       A. 505                              2
 (f) Notwithstanding the provisions of paragraph (b) of  this  subdivi
 sion,  the  authority may issue a license pursuant to this section for a
 premises which shall be within five hundred feet of three or more exist
 ing premises  licensed  and  operating  pursuant  to  this  section  and
 sections  sixty-four-a,  sixty-four-b, sixty-four-c, and/or sixty-four-d
 of this article ONLY if, after consultation  with  the  municipality  or
 community  board,  AND  UPON  APPROVAL OF SUCH MUNICIPALITY OR COMMUNITY
 BOARD, it determines that granting such license would be in  the  public
 interest.  Before  it  may  issue  any such license, the authority shall
 conduct a hearing, upon notice to the applicant and the municipality  or
 community  board,  and  shall  state  and file in its office its reasons
 therefor. Notice to the municipality or community board shall mean writ
 ten notice mailed by the authority to  such  municipality  or  community
 board at least fifteen days in advance of any hearing scheduled pursuant
 to  this  paragraph. Upon the request of the authority, any municipality
 or community board may waive the  fifteen  day  notice  requirement.  No
 premises having been granted a license pursuant to this section shall be
 denied a renewal of such license upon the grounds that such premises are
 within  five  hundred  feet  of a building or buildings wherein three or
 more premises are licensed and operating pursuant to  this  section  and
 sections  sixty-four-a,  sixty-four-b, sixty-four-c, and/or sixty-four-d
 of this article.
 

S 3. This act shall take effect immediately.

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