NY State Senate Bill 2015-S197

Senate Bill S197

2015-2016 Legislative Session

Relates to making the provisions governing liquor licenses consistent with respect to public interest factors

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Archive: Last Bill Status - In Senate Committee Commerce, Economic Development And Small Business Committee

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to commerce, economic development and small business
Jan 07, 2015	referred to commerce, economic development and small business

co-Sponsors

2015-S197 (ACTIVE) - Details

See Assembly Version of this Bill:: A5682
Current Committee:: Senate Commerce, Economic Development And Small Business
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §§64, 64-a, 64-b & 64-c, ABC L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5577
2011-2012: S25, A10736
2013-2014: S205, A2064
2017-2018: S151, S7079, A1300
2019-2020: S2360, A7462
2021-2022: S3117, A3143
2023-2024: A3231

2015-S197 (ACTIVE) - Summary

Relates to making the provisions governing liquor licenses consistent with respect to public interest factors.

2015-S197 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S197

 TITLE OF BILL :  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

 PURPOSE :  This bill would make consistent the factors that may be
considered by the state Liquor Authority (SLA) when determining
whether public convenience and advantage, and the public interest will
be promoted by the granting of any of the on-premises liquor licenses
provided for in Article 5 of the Alcoholic Beverage control (ABC) Law.

 SUMMARY OF PROVISIONS :

Sections 1 through 4 of the bill would amend ABC Law §§ 64(6-a), 64-a,
64-b and 64-c to establish a consistent standard with respect to the
factors that may be considered by the SLA when determining whether
public convenience and advantage, and the public interest will be
promoted by the grant of a specific on-premises liquor license to a
particular applicant.

Sections 5 through 8 Adds that before issuing a license within five
hundred feet of three or more existing premises licenses, the SLA will
give due consideration of formal communication from the municipality

or community.

Section 9 of the bill would provide for an immediate effective date.

 JUSTIFICATION :  Current ABC Law § 64(6-a) sets forth certain factors
that the SLA can consider when evaluating the merits of an application
for an on-premises restaurant liquor license. However, the ABC Law
does not explicitly state that such factors may be considered for
on-premises liquor licenses at taverns (§ 64-a), bottle clubs (§
64-b), or restaurant-brewer (§ 64-c).

In 1993, Article 5 of the ABC Law provided for essentially three types
of on-premises liquor license: restaurant (§ 64), tavern (§ 64-a), and
bottle club (§ 65-b). An over-concentration of restaurant and tavern
licenses in mixed residential-commercial neighborhoods was found by
the Legislature to have a negative impact on the quality of life for
residents in many of these areas of over concentration. The
Legislature's desire to protect residents from existing and potential
problems associated with an over-concentration of restaurants and
taverns prompted enactment of Chapter 670 of the Laws of 1993, which
gave the SLA the permissive power to consider any or all of the
following factors when evaluating the merits of a new application for
an on-premises liquor license:

(a) the number, classes and character of licenses in proximity to the
SPONSOR: SQUA location and in the particular municipality or
subdivision thereof;

(b) evidence that all necessary licenses and permits have been
obtained from the state and all other governing bodies;

(c) effect of the grant of the license on vehicular traffic and
parking in proximity to 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; and

(f) the 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 the alcohol and beverage control law 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 and advantage and public
interest" of the community.

This legislative grant of power had the effect of overruling the
decision of the Court of Appeals in Matter of Circus Disco Ltd. v.
New York State Liquor Auth., 51 NY.2d 24 (1980), which held in part
that under the pre amendment statute, the adverse effect that a new
on-premises liquor establishment would have on vehicular traffic,
parking, and noise levels was beyond the purview of the SLA. The Court
held that those considerations appropriately reside within the
exclusive discretion of local zoning officials. In 2000, ABC Law §
64-d(7) was amended and requires the SLA to consider all of the
factors this bill would mandate when determining whether public
convenience and advantage and the public interest would be promoted by
the grant of a cabaret liquor license. Amendment of ABC Law §§ 64
(restaurant), 64-a (tavern), 64-b (bottle club), and 64-c
(restaurant-brewer) - to more consistently parallel ABCL § 64-d (7),
is desirable in order to make consistent all of the factors that may
be considered by the SLA when determining whether public convenience
and advantage and the public interest will be promoted by the grant of
a specific on-premises liquor license to a particular applicant.

 LEGISLATIVE HISTORY :  2013-2014: S205/A2064- REFERRED TO COMMERCE,
ECONOMIC DEVELOPMENT AND SMALL BUSINESS/Ordered to Third Reading
2011-2012: S25/A10736- REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND
SMALL BUSINESS/referred to economic development 2009-2010:
S.5577A/A.8519A- Passed Senate (10)/Passed Assembly (09) 2008: S7374
(Alesi)/A11162- REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL
BUSINESS/Passed Assembly

 FISCAL IMPLICATIONS :  None.

 LOCAL FISCAL IMPLICATIONS :  None.

 EFFECTIVE DATE : Immediately.

2015-S197 (ACTIVE) - Bill Text download pdf

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

                                   197

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Commerce, Economic  Devel-
  opment and Small Business

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  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) [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;

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

                                                           LBD00919-01-5

S. 197                              2

  (G) HISTORY OF FORMAL COMMUNICATION FROM THE MUNICIPALITY OR COMMUNITY
BOARD MADE PURSUANT TO THIS CHAPTER FOR BUSINESSES OWNED AND/OR OPERATED
BY THE APPLICANT; AND
  (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  MAY CONSIDER 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  ALCO-
HOLIC BEVERAGES AT A PARTICULAR UNLICENSED LOCATION:
  (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 FORMAL COMMUNICATION FROM THE MUNICIPALITY OR COMMUNITY
BOARD 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 MAY CONSIDER 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 ALCO-
HOLIC BEVERAGES AT A PARTICULAR UNLICENSED LOCATION:
  (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 FORMAL COMMUNICATION FROM THE MUNICIPALITY OR COMMUNITY
BOARD 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. 197                              3

  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 MAY CONSIDER 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  ALCO-
HOLIC BEVERAGES AT A PARTICULAR UNLICENSED LOCATION:
  (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 FORMAL COMMUNICATION FROM THE MUNICIPALITY OR COMMUNITY
BOARD 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.  Paragraph  (f)  of subdivision 7 of section 64 of the alcoholic
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, AND DUE CONSIDERATION OF FORMAL COMMUNICATION FROM 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. 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  munici-
pality  or  community  board.  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 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. 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 pursu-
ant  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

S. 197                              4

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  6.  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, AND DUE CONSIDERATION OF FORMAL COMMUNICATION
FROM  THE  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 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. Upon the request of
the authority, any municipality or community board may waive the fifteen
day notice requirement. 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 munici-
pality or community  board.  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  resched-
uled,  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 7. Paragraph (c) of subdivision 5 of section 64-b of  the  alcoholic
beverage  control law, as amended by chapter 185 of the laws of 2012, is
amended to read as follows:
  (c) 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-a,  sixty-four-c,  and/or
sixty-four-d  of  this  article  if, after consultation with the munici-
pality or community board, AND DUE CONSIDERATION OF FORMAL COMMUNICATION
FROM THE 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. 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 resched-
uled, adjourned or continued hearing. Before the  authority  issues  any

S. 197                              5

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.  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. Notice to the muni-
cipality 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. 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,  sixty-
four-a, sixty-four-c, and/or sixty-four-d of this article.
  S  8. Paragraph (c) of subdivision 11 of section 64-c of the alcoholic
beverage control law, as amended by chapter 185 of the laws of 2012,  is
amended to read as follows:
  (c)  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-a,  sixty-four-b  and/or
sixty-four-d of this article if, after  consultation  with  the  munici-
pality or community board, AND DUE CONSIDERATION OF FORMAL COMMUNICATION
FROM  THE  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. 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  resched-
uled,  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.  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. Notice to the  muni-
cipality  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. 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  operating
and  licensed  pursuant  to  this section or sections sixty-four, sixty-
four-a, sixty-four-b and/or sixty-four-d of this article.
  S 9. This act shall take effect immediately.

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Senate Bill S197

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Daniel L. Squadron