Bill S2375-2009

Provides a municipality or community board to express an opinion before a license is granted to a person to sell liquor at retail for off-premises consumption

Provides a municipality or community board to express an opinion before a license is granted to a person to sell liquor at retail for off-premises consumption.

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  • Jan 6, 2010: REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
  • Feb 19, 2009: REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS

Memo

 BILL NUMBER:  S2375

TITLE OF BILL : An act to amend the alcoholic beverage control law, in relation to licenses to sell liquor at retail for consumption off the premises

PURPOSE : The subject bill requires notice to a locality and allows a municipality or community board to express an opinion for or against the granting or renewal of a license to sell liquor at retail for consumption off the premises.

SUMMARY OF PROVISIONS : The legislation adds a new subdivision 2-a to Section 63 of the Alcoholic Beverage Control Law, to require notice to a locality and allow a municipality or community board to express an opinion for or against the granting or renewal of a license to sell liquor at retail for consumption off the premises.

JUSTIFICATION : Under current law. The State Liquor Authority is required to consider several factors upon receipt of an application for a new or renew al license to sell liquor for on-premises consumption. Among these factors is the opinion of the municipality or community board which has jurisdiction over the area where the retail establishment will be located. However. the community has no input in the granting of licenses for establishments that sell liquor for off-premise consumption. With many communities seeing an increase in complaints regarding the sale of beer and liquor to minors at grocery and liquor stores it is equally as important for communities to have an opinion in the granting of off-premise licenses. This bill will correct that oversight.

LEGISLATIVE HISTORY : S.5440/A.114 of 2007-08; S.5053 of 2003-04

FISCAL IMPLICATIONS : None.

EFFECTIVE DATE : This act shall take effect on the thirtieth day after it shall have become a law.

Text

STATE OF NEW YORK ________________________________________________________________________ 2375 2009-2010 Regular Sessions IN SENATE February 19, 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 licenses to sell liquor at retail for consumption off the premises THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 63 of the alcoholic beverage control law is amended by adding a new subdivision 2-a to read as follows: 2-A. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, UPON RECEIPT OF AN APPLICATION FOR A LICENSE UNDER THIS SECTION OR AN APPLICATION FOR RENEWAL UNDER SECTION ONE HUNDRED NINE OF THIS CHAPTER, THE APPLICANT SHALL NOTIFY THE CLERK OF THE VILLAGE, TOWN OR CITY, AS THE CASE MAY BE, BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, WHEREIN THE PROSPECTIVE LICENSED PREMISES IS TO BE LOCATED OR, IN THE CASE OF AN APPLICATION FOR RENEWAL, WHERE IT IS PRESENTLY LOCATED NOT LESS THAN THIRTY DAYS PRIOR TO THE SUBMISSION OF ITS APPLICATION FOR A LICENSE UNDER THIS SECTION OR FOR A RENEWAL THEREOF PURSUANT TO SECTION ONE HUNDRED NINE OF THIS CHAP- TER. FOR THE PURPOSES OF THE PRECEDING SENTENCE NOTIFICATION NEED ONLY BE GIVEN TO THE CLERK OF A VILLAGE WHEN SUCH PREMISES IS TO BE LOCATED WITHIN THE BOUNDARIES OF THE VILLAGE. IN THE CITY OF NEW YORK, THE COMMUNITY BOARD ESTABLISHED PURSUANT TO SECTION TWENTY-EIGHT HUNDRED OF THE NEW YORK CITY CHARTER WITH JURISDICTION OVER THE AREA IN WHICH SUCH LICENSED PREMISES IS TO BE LOCATED SHALL BE CONSIDERED THE APPROPRIATE PUBLIC BODY TO WHICH NOTIFICATION SHALL BE GIVEN. SUCH MUNICIPALITY OR COMMUNITY BOARD, AS THE CASE MAY BE, MAY EXPRESS AN OPINION FOR OR AGAINST THE GRANTING OF SUCH LICENSE. ANY SUCH OPINION SHALL BE DEEMED PART OF THE RECORD UPON WHICH THE LIQUOR BOARD MAKES ITS DETERMINATION TO GRANT OR DENY SUCH LICENSE. S 2. This act shall take effect on the thirtieth day after it shall have become a law.

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