NY State Assembly Bill 2015-A512A

Assembly Bill A512A

2015-2016 Legislative Session

Revises procedures for issuance of retail and special retail liquor licenses for on premises consumption regarding the posting of certain notices

download bill text pdf

Archive: Last Bill Status - On Floor Calendar

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 05, 2016	advanced to third reading cal.526
May 04, 2016	reported
Apr 12, 2016	reported referred to codes
Apr 06, 2016	print number 512a
Apr 06, 2016	amend and recommit to economic development
Jan 06, 2016	referred to economic development
Jan 07, 2015	referred to economic development

Bill Amendments

Original

A (Active)

2015-A512 - Details

Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §100, ABC L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A3829
2011-2012: A1077
2013-2014: A1577
2017-2018: A2038

2015-A512 - Summary

Revises procedures regarding the issuance of both retail and special retail liquor licenses for on-premises consumption regarding the posting of certain notices: requires use of certain ink (i.e., pink ink of a neon, luminous or fluorescent variety such as "Day-Glo" ink) in the notice which the applicant must post at the proposed premises giving notice of the filing of the application, and also requires the applicant to post a copy of written notice of the scheduled hearing, and to include therewith a statement of the proposed use and capacity of the proposed premises; and imposes obligation on applicant to make reasonable efforts to insure that both of these posted items remain posted and to re-post these items upon receipt of a written request from the authority.

2015-A512 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   512

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced by M. of A. LENTOL -- read once and referred to the Committee
  on Economic Development

AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
  procedures associated with issuing retail and special retail  licenses
  to sell liquor for on-premises consumption

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

  Section 1.  Subdivision 7 of section 100  of  the  alcoholic  beverage
control  law, as added by chapter 256 of the laws of 1978, is amended to
read as follows:
  7. Within ten days after filing a new application to  sell  liquor  at
retail  under  section sixty-three[, sixty-four, sixty-four-a] or sixty-
four-b of this chapter, a notice thereof, in the form prescribed by  the
authority,  shall  be  posted by the applicant in a conspicuous place at
the entrance to the proposed premises. The applicant shall make  reason-
able  efforts  to  insure such notice shall remain posted throughout the
pendency of the application. The  provisions  hereof  shall  apply  only
where  no  retail  liquor  license  has  previously been granted for the
proposed premise  and  shall,  specifically,  not  be  applicable  to  a
proposed  sale  of  an  existing  business engaged in the retail sale of
liquor. The authority may adopt such rules AS it may deem  necessary  to
carry out the purpose of this subdivision.
  S  2.  Section 100 of the alcoholic beverage control law is amended by
adding a new subdivision 8 to read as follows:
  8. (A) WITHIN TEN DAYS AFTER FILING A NEW APPLICATION TO  SELL  LIQUOR
AT  RETAIL  UNDER  SECTION SIXTY-FOUR OR SIXTY-FOUR-A OF THIS CHAPTER, A
NOTICE THEREOF SHALL BE POSTED BY THE APPLICANT IN A  CONSPICUOUS  PLACE
AT THE ENTRANCE TO THE PROPOSED PREMISES. SAID NOTICE SHALL BE IN A FORM
PRESCRIBED  BY THE AUTHORITY, PROVIDED HOWEVER THAT SAID NOTICE SHALL BE
EITHER PRINTED OR HIGHLIGHTED IN A PINK  INK  OF  A  NEON,  LUMINOUS  OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD01133-01-5

A. 512                              2

FLUORESCENT  VARIETY  (SUCH AS "DAY-GLO" INK).  THE APPLICANT SHALL MAKE
REASONABLE EFFORTS TO INSURE SUCH NOTICE SHALL REMAIN POSTED  THROUGHOUT
THE  PENDENCY  OF THE APPLICATION.  ADDITIONALLY, WITHIN TEN DAYS OF THE
APPLICANT'S  RECEIPT OF A WRITTEN REQUEST FROM THE AUTHORITY, THE APPLI-
CANT SHALL RE-POST SUCH NOTICE. THE PROVISIONS OF THIS  PARAGRAPH  SHALL
APPLY  ONLY  WHERE  NO RETAIL LIQUOR LICENSE HAS PREVIOUSLY BEEN GRANTED
FOR THE PROPOSED PREMISES AND SHALL, SPECIFICALLY, NOT BE APPLICABLE  TO
A  PROPOSED  SALE  OF AN EXISTING BUSINESS ENGAGED IN THE RETAIL SALE OF
LIQUOR. THE AUTHORITY MAY ADOPT SUCH RULES AS IT MAY DEEM  NECESSARY  TO
CARRY OUT THE PURPOSE OF THIS PARAGRAPH.
  (B)  WITHIN TEN DAYS OF THE APPLICANT'S RECEIPT OF WRITTEN NOTICE OF A
HEARING SCHEDULED PURSUANT TO SECTION SIXTY-FOUR OR SIXTY-FOUR-A OF THIS
CHAPTER, THE APPLICANT SHALL POST A COPY OF SUCH NOTICE IN A CONSPICUOUS
PLACE AT THE ENTRANCE  TO  THE  PROPOSED  PREMISES.  THIS  NOTICE  SHALL
INCLUDE  IN  CLEAR  AND CONCISE LANGUAGE A STATEMENT OF THE PROPOSED USE
AND CAPACITY OF THE PROPOSED PREMISES. THE APPLICANT SHALL MAKE  REASON-
ABLE EFFORTS TO INSURE SUCH NOTICE SHALL REMAIN POSTED UNTIL THE DATE OF
THE  HEARING  OR  PUBLIC MEETING SPECIFIED IN SUCH NOTICE. ADDITIONALLY,
WITHIN TEN DAYS OF THE APPLICANT'S RECEIPT OF A WRITTEN REQUEST FROM THE
AUTHORITY, THE APPLICANT SHALL RE-POST SUCH NOTICE.  THE  PROVISIONS  OF
THIS  PARAGRAPH  SHALL  APPLY  ONLY  WHERE  NO RETAIL LIQUOR LICENSE HAS
PREVIOUSLY BEEN GRANTED FOR THE PROPOSED  PREMISES  AND  SHALL,  SPECIF-
ICALLY,  NOT  BE  APPLICABLE  TO A PROPOSED SALE OF AN EXISTING BUSINESS
ENGAGED IN THE RETAIL SALE OF LIQUOR. THE AUTHORITY MAY ADOPT SUCH RULES
AS IT MAY DEEM NECESSARY TO CARRY OUT THE PURPOSE OF THIS PARAGRAPH.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have become a law and shall apply to all applications made under section
64  or  64-a of the alcoholic beverage control law for a retail license,
or special retail license, to sell liquor  for  on-premises  consumption
that  are  pending before or filed with the state liquor authority on or
after such effective date.   Effective immediately any  rules  or  regu-
lations  necessary or convenient to implement the provisions of this act
are authorized to be promulgated on or before such effective date.

2015-A512A (ACTIVE) - Details

Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §100, ABC L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A3829
2011-2012: A1077
2013-2014: A1577
2017-2018: A2038

2015-A512A (ACTIVE) - Summary

2015-A512A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 512--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced by M. of A. LENTOL -- read once and referred to the Committee
  on  Economic  Development  -- recommitted to the Committee on Economic
  Development in accordance with Assembly Rule 3, sec.  2  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
  procedures associated with issuing retail and special retail  licenses
  to sell liquor for on-premises consumption

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

  Section 1.  Subdivision 8 of section 100  of  the  alcoholic  beverage
control  law, as added by chapter 256 of the laws of 1978, and as renum-
bered by chapter 466 of the laws of 2015, is amended to read as follows:
  8.  Within ten days after filing a new application to sell  liquor  at
retail  under  section sixty-three[, sixty-four, sixty-four-a] or sixty-
four-b of this chapter, a notice thereof, in the form prescribed by  the
authority,  shall  be  posted by the applicant in a conspicuous place at
the entrance to the proposed premises. The applicant shall make  reason-
able  efforts  to  insure such notice shall remain posted throughout the
pendency of the application. The  provisions  hereof  shall  apply  only
where  no  retail  liquor  license  has  previously been granted for the
proposed premise  and  shall,  specifically,  not  be  applicable  to  a
proposed  sale  of  an  existing  business engaged in the retail sale of
liquor. The authority may adopt such rules AS it may deem  necessary  to
carry out the purpose of this subdivision.
  S  2.  Section 100 of the alcoholic beverage control law is amended by
adding a new subdivision 9 to read as follows:
  9. (A) WITHIN TEN DAYS AFTER FILING A NEW APPLICATION TO  SELL  LIQUOR
AT  RETAIL  UNDER  SECTION SIXTY-FOUR OR SIXTY-FOUR-A OF THIS CHAPTER, A
NOTICE THEREOF SHALL BE POSTED BY THE APPLICANT IN A  CONSPICUOUS  PLACE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD01133-02-6

A. 512--A                           2

AT THE ENTRANCE TO THE PROPOSED PREMISES. SAID NOTICE SHALL BE IN A FORM
PRESCRIBED  BY THE AUTHORITY, PROVIDED HOWEVER THAT SAID NOTICE SHALL BE
EITHER PRINTED OR HIGHLIGHTED IN A PINK  INK  OF  A  NEON,  LUMINOUS  OR
FLUORESCENT  VARIETY  (SUCH AS "DAY-GLO" INK).  THE APPLICANT SHALL MAKE
REASONABLE EFFORTS TO INSURE SUCH NOTICE SHALL REMAIN POSTED  THROUGHOUT
THE  PENDENCY  OF THE APPLICATION.  ADDITIONALLY, WITHIN TEN DAYS OF THE
APPLICANT'S RECEIPT OF A WRITTEN REQUEST FROM THE AUTHORITY, THE  APPLI-
CANT  SHALL  RE-POST SUCH NOTICE. THE PROVISIONS OF THIS PARAGRAPH SHALL
APPLY ONLY WHERE NO RETAIL LIQUOR LICENSE HAS  PREVIOUSLY  BEEN  GRANTED
FOR  THE PROPOSED PREMISES AND SHALL, SPECIFICALLY, NOT BE APPLICABLE TO
A PROPOSED SALE OF AN EXISTING BUSINESS ENGAGED IN THE  RETAIL  SALE  OF
LIQUOR.  THE  AUTHORITY MAY ADOPT SUCH RULES AS IT MAY DEEM NECESSARY TO
CARRY OUT THE PURPOSE OF THIS PARAGRAPH.
  (B) WITHIN TEN DAYS OF THE APPLICANT'S RECEIPT OF WRITTEN NOTICE OF  A
HEARING SCHEDULED PURSUANT TO SECTION SIXTY-FOUR OR SIXTY-FOUR-A OF THIS
CHAPTER, THE APPLICANT SHALL POST A COPY OF SUCH NOTICE IN A CONSPICUOUS
PLACE  AT  THE  ENTRANCE  TO  THE  PROPOSED  PREMISES. THIS NOTICE SHALL
INCLUDE IN CLEAR AND CONCISE LANGUAGE A STATEMENT OF  THE  PROPOSED  USE
AND  CAPACITY OF THE PROPOSED PREMISES. THE APPLICANT SHALL MAKE REASON-
ABLE EFFORTS TO INSURE SUCH NOTICE SHALL REMAIN POSTED UNTIL THE DATE OF
THE HEARING OR PUBLIC MEETING SPECIFIED IN  SUCH  NOTICE.  ADDITIONALLY,
WITHIN TEN DAYS OF THE APPLICANT'S RECEIPT OF A WRITTEN REQUEST FROM THE
AUTHORITY,  THE  APPLICANT  SHALL RE-POST SUCH NOTICE. THE PROVISIONS OF
THIS PARAGRAPH SHALL APPLY ONLY  WHERE  NO  RETAIL  LIQUOR  LICENSE  HAS
PREVIOUSLY  BEEN  GRANTED  FOR  THE PROPOSED PREMISES AND SHALL, SPECIF-
ICALLY, NOT BE APPLICABLE TO A PROPOSED SALE  OF  AN  EXISTING  BUSINESS
ENGAGED IN THE RETAIL SALE OF LIQUOR. THE AUTHORITY MAY ADOPT SUCH RULES
AS IT MAY DEEM NECESSARY TO CARRY OUT THE PURPOSE OF THIS PARAGRAPH.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law and shall apply to all applications made under section
64 or 64-a of the alcoholic beverage control law for a  retail  license,
or  special  retail  license, to sell liquor for on-premises consumption
that are pending before or filed with the state liquor authority  on  or
after  such  effective  date.   Effective immediately any rules or regu-
lations necessary or convenient to implement the provisions of this  act
are authorized to be promulgated on or before such effective date.

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