S2555-2013 Actions

• Jan 22, 2013: REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS

S2555-2013 Memo

BILL NUMBER:S2555

TITLE OF BILL:
An act
to amend the alcoholic beverage control law, in relation to license fees

PURPOSE: This bill would reduce license fees in
medium-sized cities
for establishments licensed to sell liquor for on-premise consumption
to match the fee charged in other communities outside the city of New
York.

SUMMARY OF PROVISIONS:

� 1- Amends subdivision 4 of � 66 of the Alcoholic Beverage Control
Law to conform the liquor license fee for on-premise establishments
in cities with a population of 50,000 or more other than New York
City to the fee applicable in towns and smaller cities.

� 2- Effective date.

JUSTIFICATION:
Enactment of this bill would reduce the financial burden on
restaurants and other hospitality businesses in medium-sized cities
and allow for greater economic growth in these communities.
While the existing fee may have at one time reflected greater
populations and attendant enforcement issues in cities, this is no
longer that case with the population shift to the suburbs. Currently,
a licensed establishment located in a smaller city must pay a higher
license fee then if it were located in a neighboring town with a
larger population. These higher fees discourage business investment
in downtown communities, while encouraging further sprawl development
in suburban areas.

LEGISLATIVE HISTORY:
2011-2012: A. 3135-A - Referred to Economic Development; S. 4125-A
Referred to Commerce, Economic Development and Small Business
2009-2010: A.2851-A - Referred to Economic Development
2007-2008: A.3136 - Referred to Economic Development
2005-2006: A.7676 - Referred to Economic Development
2003-2004: A.5907 - Referred to Economic Development; S.3395 -
Referred to Commerce, Economic Development and Small Business
2001-2002: A.8949 - Referred to Economic Development; S.5468 -
Referred to Commerce, Economic Development and Small Business

FISCAL IMPLICATIONS: Minimal.

EFFECTIVE DATE: This act shall take effect April 1,
2014.

S2555-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2555
 2013-2014 Regular Sessions
 I N  SENATE
 January 22, 2013
 
 Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
 when printed to be committed to the Committee  on  Commerce,  Economic
 Development and Small Business
 AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
 license fees
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.  Subdivision  4  of  section  66 of the alcoholic beverage
 control law, as amended by section 3 of part Z of chapter 85 of the laws
 of 2002, is amended to read as follows:

 4. The annual fee for a license, under section  sixty-four  or  sixty
 four-a  OF  THIS ARTICLE, to sell liquor at retail to be consumed on the
 premises where sold shall be twenty-one hundred seventy-six  dollars  in
 the counties of New York, Kings, Bronx and Queens; fifteen hundred thir
 ty-six  dollars  in the county of Richmond [and in cities having a popu-
 lation of more than one hundred thousand  and  less  than  one  million;
 twelve  hundred  sixteen  dollars  in cities having a population of more
 than fifty thousand and less than one hundred thousand]; and the sum  of
 eight hundred ninety-six dollars elsewhere; except that the license fees
 for  catering  establishments shall be two-thirds the license fee speci
 fied herein and for clubs, except luncheon clubs and golf  clubs,  shall
 be seven hundred fifty dollars in counties of New York, Kings, Bronx and
 Queens;  five  hundred  dollars  in the county of Richmond and in cities
 having a population of more than one hundred thousand and less than  one
 million;  three  hundred  fifty dollars in cities having a population of
 more than fifty thousand and less than one hundred thousand; and the sum
 of two hundred fifty dollars elsewhere. The  annual  fees  for  luncheon
 clubs shall be three hundred seventy-five dollars, and for golf clubs in
 the  counties  of  New  York, Kings, Bronx, Queens, Nassau, Richmond and
 Westchester, two hundred fifty dollars, and elsewhere one hundred eight
 y-seven dollars and fifty cents.  Notwithstanding any other provision of
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06782-01-3
 
       S. 2555                             2
 law to the contrary, there shall be no annual fee for a  license,  under
 section  sixty-four  OF  THIS  ARTICLE,  to  sell liquor at retail to be
 consumed on the premises where the applicant is an  organization  organ
 ized  under  section  two hundred sixty of the military law and incorpo
 rated pursuant to the not-for-profit corporation law.  Provided,  howev
 er,  that  where  any premises for which a license is issued pursuant to
 section sixty-four or sixty-four-a of  this  article  remain  open  only
 within the period commencing April first and ending October thirty-first
 of  any one year, or only within the period commencing October first and
 ending the following April thirtieth, the liquor authority may,  in  its
 discretion,  grant  a  summer  or winter license effective only for such
 appropriate period of time, for which a license fee shall be paid to  be
 pro-rated  for  the  period  for which such license is effective, at the
 rate provided for in the city, town or village in  which  such  premises
 are located, except that no such license fee shall be less than one-half
 of the regular annual license fee; provided further that where the prem
 ises  to  be  licensed are a race track or a golf course or are licensed
 pursuant  to  section  sixty-four  or  sixty-four-a  of  this  [chapter]
 ARTICLE,  the period of such summer license may commence March first and
 end November thirtieth.
 Where a hotel, restaurant, club, golf course or  race  track  is  open
 prior to April first and/or subsequent to October thirty-first by reason
 of  the issuance of a caterer's permit or permits issued by the authori
 ty, such fact alone shall not affect the eligibility of the premises  or
 the person owning or operating such hotel, restaurant, club, golf course
 or race track for a summer license.
 

S 2. This act shall take effect April 1, 2014.

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