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

---

S25-2011 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

S25-2011 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.

S25-2011 Text

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

                                     25

                         2011-2012 Regular Sessions

                              I N  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[.];

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD00120-01-1

 S. 25                               2

    (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. 25                               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 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.