Bill S2330-2009

Provides that liquor authority may include certain terms and conditions as part of various licenses for on-premises consumption to assure premises lawfully operated

Provides that the state liquor authority may, with the consent of the applicant, include certain terms and conditions as part of various licenses for on-premises consumption of beer and liquor for the purpose of assuring that the licenses premises are operated in accordance with law and consistent with the public interest; provides that prior to including terms and conditions in a license, the authority shall consult with the applicant and any party entitled to receive notice of the application; and provides that the terms and conditions shall be legally enforceable in the same manner as applicable provisions of this chapter or regulations of the authority.

Details

Actions

  • Jan 6, 2010: REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
  • Feb 18, 2009: REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS

Memo

 BILL NUMBER:  S2330

TITLE OF BILL :

An act to amend the alcoholic beverage control law, in relation to authorizing the imposition of certain terms and conditions as part of certain licenses for on-premises consumption

PURPOSE :

The subject bill would allow the State Liquor Authority to include certain terms and conditions as part of an on-premises liquor license, assuring that the premise is lawfully operated.

SUMMARY OF PROVISIONS :

This bill amends six sections of the Alcoholic Beverage Control Law to allow the SLA to include specific terms and conditions in an on-premises liquor license, "for the purpose of assuring that the licensed premises are operated in accordance with applicable law and consistent with the public interest." Prior to including such terms and conditions in a license, the SLA would consult with the applicant and any party entitled to receive notice of the application (for example, local governments or community boards). The terms and conditions would then be legally enforceable in the same manner as applicable provisions of this chapter or regulations of the SLA.

The bill adds the foregoing provisions to the sections relating to various licenses for on-premises consumption: beer (§55), liquor (§64), special licenses (§64-a), premises commonly known as bottle clubs (§64-b), premises commonly known as a restaurant-brewer (§64-c), and premises commonly known as a cabaret (§64-d).

JUSTIFICATION :

Communities are increasingly concerned about problem bars and clubs. Problems can include noise far into the night, crowds, traffic, vandalism, and violence. To respond to community concerns, it has become increasingly common for the State Liquor Authority to add conditions to liquor licenses. Applicants and community groups negotiate stipulations relating to security provisions, whether dancing will he allowed, etc.

However, under current law, the SLA is limited to penalizing the licensee and then only if it can show that a stipulation was entered into falsely.

This bill would overcome such a difficult burden and would give the SLA authority to enforce terms and conditions as part of the liquor license.

LEGISLATIVE HISTORY :

S.3601/A.5175 of 2007-08; S.2133 of 2005-06.

FISCAL IMPLICATIONS :

None.

EFFECTIVE DATE : Immediately.

Text

STATE OF NEW YORK ________________________________________________________________________ 2330 2009-2010 Regular Sessions IN SENATE February 18, 2009 ___________
Introduced by Sen. PADAVAN -- 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 authorizing the imposition of certain terms and conditions as part of certain licenses for on-premises consumption THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 55 of the alcoholic beverage control law is amended by adding a new subdivision 4 to read as follows: 4. THE AUTHORITY MAY, WITH THE CONSENT OF THE APPLICANT, INCLUDE, AS PART OF A LICENSE UNDER THIS SECTION TERMS AND CONDITIONS FOR THE PURPOSE OF ASSURING THAT THE LICENSED PREMISES ARE OPERATED IN ACCORD- ANCE WITH APPLICABLE LAW AND CONSISTENT WITH THE PUBLIC INTEREST. PRIOR TO INCLUDING TERMS AND CONDITIONS IN A LICENSE, THE AUTHORITY SHALL CONSULT WITH THE APPLICANT AND ANY PARTY ENTITLED TO RECEIVE NOTICE OF THE APPLICATION. THE TERMS AND CONDITIONS SHALL BE LEGALLY ENFORCEABLE IN THE SAME MANNER AS APPLICABLE PROVISIONS OF THIS CHAPTER OR REGU- LATIONS OF THE AUTHORITY. S 2. Section 64 of the alcoholic beverage control law is amended by adding a new subdivision 10 to read as follows: 10. THE AUTHORITY MAY, WITH THE CONSENT OF THE APPLICANT, INCLUDE, AS PART OF A LICENSE UNDER THIS SECTION TERMS AND CONDITIONS FOR THE PURPOSE OF ASSURING THAT THE LICENSED PREMISES ARE OPERATED IN ACCORD- ANCE WITH APPLICABLE LAW AND CONSISTENT WITH THE PUBLIC INTEREST. PRIOR TO INCLUDING TERMS AND CONDITIONS IN A LICENSE, THE AUTHORITY SHALL CONSULT WITH THE APPLICANT AND ANY PARTY ENTITLED TO RECEIVE NOTICE OF THE APPLICATION. THE TERMS AND CONDITIONS SHALL BE LEGALLY ENFORCEABLE IN THE SAME MANNER AS APPLICABLE PROVISIONS OF THIS CHAPTER OR REGU- LATIONS OF THE AUTHORITY.
S 3. Section 64-a of the alcoholic beverage control law is amended by adding a new subdivision 5-a to read as follows: 5-A. THE AUTHORITY MAY, WITH THE CONSENT OF THE APPLICANT, INCLUDE, AS PART OF A LICENSE UNDER THIS SECTION TERMS AND CONDITIONS FOR THE PURPOSE OF ASSURING THAT THE LICENSED PREMISES ARE OPERATED IN ACCORD- ANCE WITH APPLICABLE LAW AND CONSISTENT WITH THE PUBLIC INTEREST. PRIOR TO INCLUDING TERMS AND CONDITIONS IN A LICENSE, THE AUTHORITY SHALL CONSULT WITH THE APPLICANT AND ANY PARTY ENTITLED TO RECEIVE NOTICE OF THE APPLICATION. THE TERMS AND CONDITIONS SHALL BE LEGALLY ENFORCEABLE IN THE SAME MANNER AS APPLICABLE PROVISIONS OF THIS CHAPTER OR REGU- LATIONS OF THE AUTHORITY. S 4. Section 64-b of the alcoholic beverage control law is amended by adding a new subdivision 5-a to read as follows: 5-A. THE AUTHORITY MAY, WITH THE CONSENT OF THE APPLICANT, INCLUDE, AS PART OF A LICENSE UNDER THIS SECTION TERMS AND CONDITIONS FOR THE PURPOSE OF ASSURING THAT THE LICENSED PREMISES ARE OPERATED IN ACCORD- ANCE WITH APPLICABLE LAW AND CONSISTENT WITH THE PUBLIC INTEREST. PRIOR TO INCLUDING TERMS AND CONDITIONS IN A LICENSE, THE AUTHORITY SHALL CONSULT WITH THE APPLICANT AND ANY PARTY ENTITLED TO RECEIVE NOTICE OF THE APPLICATION. THE TERMS AND CONDITIONS SHALL BE LEGALLY ENFORCEABLE IN THE SAME MANNER AS APPLICABLE PROVISIONS OF THIS CHAPTER OR REGU- LATIONS OF THE AUTHORITY. S 5. Section 64-c of the alcoholic beverage control law is amended by adding a new subdivision 5-a to read as follows: 5-A. THE AUTHORITY MAY, WITH THE CONSENT OF THE APPLICANT, INCLUDE, AS PART OF A LICENSE UNDER THIS SECTION TERMS AND CONDITIONS FOR THE PURPOSE OF ASSURING THAT THE LICENSED PREMISES ARE OPERATED IN ACCORD- ANCE WITH APPLICABLE LAW AND CONSISTENT WITH THE PUBLIC INTEREST. PRIOR TO INCLUDING TERMS AND CONDITIONS IN A LICENSE, THE AUTHORITY SHALL CONSULT WITH THE APPLICANT AND ANY PARTY ENTITLED TO RECEIVE NOTICE OF THE APPLICATION. THE TERMS AND CONDITIONS SHALL BE LEGALLY ENFORCEABLE IN THE SAME MANNER AS APPLICABLE PROVISIONS OF THIS CHAPTER OR REGU- LATIONS OF THE AUTHORITY. S 6. Section 64-d of the alcoholic beverage control law is amended by adding a new subdivision 5-a to read as follows: 5-A. THE AUTHORITY MAY, WITH THE CONSENT OF THE APPLICANT, INCLUDE, AS PART OF A LICENSE UNDER THIS SECTION TERMS AND CONDITIONS FOR THE PURPOSE OF ASSURING THAT THE LICENSED PREMISES ARE OPERATED IN ACCORD- ANCE WITH APPLICABLE LAW AND CONSISTENT WITH THE PUBLIC INTEREST. PRIOR TO INCLUDING TERMS AND CONDITIONS IN A LICENSE, THE AUTHORITY SHALL CONSULT WITH THE APPLICANT AND ANY PARTY ENTITLED TO RECEIVE NOTICE OF THE APPLICATION. THE TERMS AND CONDITIONS SHALL BE LEGALLY ENFORCEABLE IN THE SAME MANNER AS APPLICABLE PROVISIONS OF THIS CHAPTER OR REGU- LATIONS OF THE AUTHORITY. S 7. This act shall take effect immediately.

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