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

                                   542

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  M.  of A. LENTOL, GOTTFRIED -- 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 regarding premises  located
  within five hundred feet of three or more existing premises in cities,
  towns and villages having a population of twenty thousand or more

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

  Section 1. Paragraph (f) of subdivision 7 of section 64 of  the  alco-
holic  beverage  control  law,  as amended by chapter 185 of the laws of
2012, is amended to read as follows:
  (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 if, after consultation with the municipality or communi-
ty 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  munici-
pality  or  community  board, and shall state and file in its office its
reasons therefor. The hearing may be rescheduled, adjourned  or  contin-
ued,  and the authority shall give notice to the applicant and the muni-
cipality or community  board  of  any  such  rescheduled,  adjourned  or
continued  hearing.  Before  the  authority issues any said license, the
authority or one or more of the commissioners thereof may,  in  addition
to the hearing required by this paragraph, also conduct a public meeting
regarding  said  license,  upon  notice to the applicant and the munici-
pality or community  board.  The  public  meeting  may  be  rescheduled,

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

                                                           LBD01345-01-5

A. 542                              2

adjourned  or  continued,  and  the  authority  shall give notice to the
applicant and the municipality or community board of any  such  resched-
uled,  adjourned or continued public meeting. Notice to the municipality
or  community board shall mean written 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 AND SHALL  INCLUDE  THE
DATE,  TIME  AND PLACE THEREOF.  IN ADDITION, SUCH NOTICE TO THE MUNICI-
PALITY OR COMMUNITY BOARD OF A HEARING SCHEDULED PURSUANT TO THIS  PARA-
GRAPH  SHALL  INCLUDE  A  COPY  OF  THE  APPLICATION  FOR  SAID LICENSE.
PROVIDED, HOWEVER, THAT THE COPY OF SAID APPLICATION INCLUDED WITH  SAID
NOTICE  SHALL  NOT  INCLUDE  THE  HOME ADDRESS, HOME TELEPHONE NUMBER OR
SOCIAL SECURITY NUMBER OF ANY INDIVIDUAL; AND PROVIDED FURTHER THAT  THE
AUTHORITY,  IN ITS DISCRETION, MAY REDACT ANY OTHER PERSONAL INFORMATION
CONTAINED IN SUCH APPLICATION IN ORDER TO PREVENT AN  UNWARRANTED  INVA-
SION  OF AN INDIVIDUAL'S PRIVACY. 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 2. Paragraph (d) of subdivision 7 of section 64-a of  the  alcoholic
beverage  control law, as amended by chapter 185 of the laws of 2012, is
amended to read as follows:
  (d) Notwithstanding the provisions of subparagraph (ii)  of  paragraph
(a)  of  this subdivision, the authority may issue a license pursuant to
this section for a premises which shall be within five hundred  feet  of
three  or more existing premises licensed and operating pursuant to this
section and  sections  sixty-four,  sixty-four-b,  sixty-four-c,  and/or
sixty-four-d  of  this  article  if, after consultation with the munici-
pality 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 written notice mailed by the authority to such munici-
pality or community board at least fifteen days in advance of any  hear-
ing  scheduled  pursuant  to  this paragraph AND SHALL INCLUDE THE DATE,
TIME AND PLACE THEREOF.  Upon the request of the authority, any  munici-
pality  or community board may waive the fifteen day notice requirement.
IN ADDITION, SUCH NOTICE TO THE MUNICIPALITY OR  COMMUNITY  BOARD  OF  A
HEARING SCHEDULED PURSUANT TO THIS PARAGRAPH SHALL INCLUDE A COPY OF THE
APPLICATION  FOR SAID LICENSE.  PROVIDED, HOWEVER, THAT THE COPY OF SAID
APPLICATION INCLUDED  WITH  SAID  NOTICE  SHALL  NOT  INCLUDE  THE  HOME
ADDRESS, HOME TELEPHONE NUMBER OR SOCIAL SECURITY NUMBER OF ANY INDIVID-
UAL;  AND  PROVIDED  FURTHER  THAT THE AUTHORITY, IN ITS DISCRETION, MAY
REDACT ANY OTHER PERSONAL INFORMATION CONTAINED IN SUCH  APPLICATION  IN
ORDER TO PREVENT AN UNWARRANTED INVASION OF AN INDIVIDUAL'S PRIVACY. The
hearing  may  be  rescheduled, adjourned or continued, and the authority
shall give notice to the applicant and  the  municipality  or  community
board  of  any  such rescheduled, adjourned or continued hearing. Before
the authority issues any said license, the authority or one or  more  of
the  commissioners  thereof  may, in addition to the hearing required by
this paragraph, also conduct a public meeting  regarding  said  license,
upon  notice  to  the applicant and the municipality or community board.

A. 542                              3

The public meeting may be rescheduled, adjourned or continued,  and  the
authority  shall  give  notice  to the applicant and the municipality or
community board of any such rescheduled, adjourned or  continued  public
meeting.  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, sixty-four-b, sixty-four-c, and/or
sixty-four-d of this article.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law and shall apply  to  all  applications  for  a  retail
license,  or  special  retail  license,  for on-premises consumption for
premises within five hundred feet of existing licensed premises that are
pending before or filed with the state liquor authority on or after such
effective date.  Effective immediately any rules or  regulations  neces-
sary  or  convenient to implement the provisions of this act are author-
ized to be promulgated on or before such effective date.