S3075-2013 Actions

• Jan 29, 2013: REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS

S3075-2013 Memo

BILL NUMBER:S3075

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 OR GENERAL IDEA OF BILL: This bill would allow the state
Liquor Authority (SLA) to include certain terms and conditions as part
of an on-premises liquor license, assuring that the premises is
lawfully operated.

SUMMARY OF SPECIFIC PROVISIONS: This bill amends nine 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," or "for the purpose of assuring that the licensed premises
are operated in accordance with applicable law and consistent with the
public convenience and advantage" (�55, � 55-a, � 81, and �81-a).
Prior to including terms and conditions in the 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 be legally enforceable in the same
manner as applicable provisions of this chapter or regulations of the
SLA.

The bill adds this provision to the sections relating to various
licenses for on-premises consumption: beer (�55), ball park beer
(�55-a), liquor (�64), special liquor licenses (�64-a), premises
commonly known as bottle clubs (�64-b), premises commonly known as a
restaurant-brewer (�64-c), premises commonly known as a cabaret
(�64-d), wine (�81), and special wine licenses (�81-a).

JUSTIFICATION:  Communities are increasingly concerned about problem
bars and clubs. Problems can include noise far into the night, crowds,
traffic, vandalism, and violence. In recent years, he SLA has begun to
enforce terms and conditions against on-premises establishments.
However, adding this provision to the Alcoholic Beverage Control Law
would give this policy a clear and permanent statutory foundation.

PRIOR LEGISLATIVE HISTORY:  2002: A9012-A - advanced to 3rd reading
2003-04: A.3941 - passed the Assembly 2005-06: A.3265 - passed the
Assembly 2007-08: A.5175 - passed the Assembly 2009-10: A.6657 -
referred to Economic Development

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately

S3075-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         3075
 2013-2014 Regular Sessions
 I N  SENATE
 January 29, 2013
 
 Introduced  by  Sen. HOYLMAN -- 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 INCLUDE, AS PART OF A LICENSE UNDER THIS SECTION,
 TERMS AND CONDITIONS FOR THE PURPOSE OF ASSURING THAT THE LICENSED PREM
 ISES ARE OPERATED IN ACCORDANCE WITH APPLICABLE LAW AND CONSISTENT  WITH
 PUBLIC  CONVENIENCE  AND ADVANTAGE.  PRIOR TO INCLUDING TERMS AND CONDI
 TIONS 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 REGULATIONS OF THE AUTHORITY.
 

S 2. 

Section 55-a of the alcoholic beverage control law is amended by
 adding a new subdivision 3 to read as follows:

 3. THE AUTHORITY MAY INCLUDE, AS PART OF A LICENSE UNDER THIS SECTION,
 TERMS AND CONDITIONS FOR THE PURPOSE OF ASSURING THAT THE LICENSED PREM
 ISES ARE OPERATED IN ACCORDANCE WITH APPLICABLE LAW AND CONSISTENT  WITH
 PUBLIC  CONVENIENCE  AND  ADVANTAGE. PRIOR TO INCLUDING TERMS AND CONDI
 TIONS 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 REGULATIONS OF THE AUTHORITY.
 

S 3.

Section 64 of the alcoholic beverage control law  is  amended  by
 adding a new subdivision 10 to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01194-01-3
 
       S. 3075                             2
 10.  THE  AUTHORITY  MAY  INCLUDE,  AS  PART  OF  A LICENSE UNDER THIS
 SECTION, TERMS AND CONDITIONS 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 TERMS AND CONDI
 TIONS  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 REGULATIONS OF THE AUTHORITY.
 

S  4.

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 INCLUDE,  AS  PART  OF  A  LICENSE  UNDER  THIS
 SECTION,  TERMS  AND  CONDITIONS  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 TERMS AND CONDI
 TIONS  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 REGULATIONS OF THE AUTHORITY.
 

S  5.

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 INCLUDE,  AS  PART  OF  A  LICENSE  UNDER  THIS
 SECTION,  TERMS  AND  CONDITIONS  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 TERMS AND CONDI
 TIONS  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 REGULATIONS OF THE AUTHORITY.
 

S  6.

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 INCLUDE,  AS  PART  OF  A  LICENSE  UNDER  THIS
 SECTION,  TERMS  AND  CONDITIONS  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 TERMS AND CONDI
 TIONS  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 REGULATIONS OF THE AUTHORITY.
 

S  7.

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 INCLUDE,  AS  PART  OF  A  LICENSE  UNDER  THIS
 SECTION,  TERMS  AND  CONDITIONS  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 TERMS AND CONDI
 TIONS  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 REGULATIONS OF THE AUTHORITY.
 

S  8. 

Section  81 of the alcoholic beverage control law is amended by
 adding a new subdivision 5 to read as follows:

 5. THE AUTHORITY MAY INCLUDE, AS PART OF A LICENSE UNDER THIS SECTION,
 TERMS AND CONDITIONS FOR THE PURPOSE OF ASSURING THAT THE LICENSED PREM
 ISES ARE OPERATED IN ACCORDANCE WITH APPLICABLE LAW AND CONSISTENT  WITH
 PUBLIC  CONVENIENCE  AND ADVANTAGE.  PRIOR TO INCLUDING TERMS AND CONDI
 TIONS IN A LICENSE, THE AUTHORITY SHALL CONSULT WITH THE  APPLICANT  AND
 ANY  PARTY  ENTITLED TO RECEIVE NOTICE OF THE APPLICATION. THE TERMS AND
 
       S. 3075                             3
 CONDITIONS SHALL BE LEGALLY ENFORCEABLE IN THE SAME MANNER AS APPLICABLE
 PROVISIONS OF THIS CHAPTER OR REGULATIONS OF THE AUTHORITY.
 

S  9.

Section 81-a of the alcoholic beverage control law is amended by
 adding a new subdivision 5 to read as follows:

 5. THE AUTHORITY MAY INCLUDE, AS PART OF A LICENSE UNDER THIS SECTION,
 TERMS AND CONDITIONS FOR THE PURPOSE OF ASSURING THAT THE LICENSED PREM
 ISES ARE OPERATED IN ACCORDANCE WITH APPLICABLE LAW AND CONSISTENT  WITH
 PUBLIC  CONVENIENCE  AND ADVANTAGE.  PRIOR TO INCLUDING TERMS AND CONDI
 TIONS 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 REGULATIONS OF THE AUTHORITY.
 

S 10. This act shall take effect immediately.

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