Bill S25-2011

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

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

Details

Actions

  • Jan 4, 2012: REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
  • Apr 5, 2011: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • Jan 5, 2011: REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS

Memo

BILL NUMBER:S25

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 shall 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 shall 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.

Section 5 of the bill would provide for an immediate effective date.

EXISTING LAW: 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).

JUSTIFICATION: 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 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 conform with the mandatory language of ABCL . 64-d (7), is desirable in order to make consistent all of the factors that shall 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: 2008: S.7374/A.11162 2009-10: S.5577A/A.8519A - Passed Senate

FISCAL IMPLICATIONS: None.

LOCAL FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 25 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________
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] SHALL 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 LICENSE PURSUANT TO THIS SECTION: (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; (G) HISTORY OF CITY OF NEW YORK COMMUNITY BOARD OPINIONS AND DECISIONS 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 SHALL CONSIDER ALL OF THE FOLLOWING IN DETERMINING WHETHER PUBLIC CONVENIENCE AND ADVANTAGE AND THE PUBLIC INTEREST WILL BE PROMOTED BY THE GRANTING OF A LICENSE PURSUANT TO THIS SECTION: (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 CITY OF NEW YORK COMMUNITY BOARD OPINIONS AND DECISIONS 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 SHALL CONSIDER ALL OF THE FOLLOWING IN DETERMINING WHETHER PUBLIC CONVENIENCE AND ADVANTAGE AND THE PUBLIC INTEREST WILL BE PROMOTED BY THE GRANTING OF A LICENSE PURSUANT TO THIS SECTION: (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 CITY OF NEW YORK COMMUNITY BOARD OPINIONS AND DECISIONS 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 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 SHALL CONSIDER ALL OF THE FOLLOWING IN DETERMINING WHETHER PUBLIC CONVENIENCE AND ADVANTAGE AND THE PUBLIC INTEREST WILL BE PROMOTED BY THE GRANTING OF A LICENSE PURSUANT TO THIS SECTION: (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 CITY OF NEW YORK COMMUNITY BOARD OPINIONS AND DECISIONS 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. This act shall take effect immediately.

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