Bill S3075-2013

Provides that liquor authority may include certain terms and conditions as part of various licenses for on-premises consumption to assure premises lawfully operated

Provides that the state liquor authority may, with the consent of the applicant, include certain terms and conditions as part of various licenses for on-premises consumption of beer and liquor for the purpose of assuring that the licensed premises are operated in accordance with law and consistent with the public interest; provides that prior to including terms and conditions in a license, the authority shall consult with the applicant and any party entitled to receive notice of the application; and provides that the terms and conditions shall be legally enforceable in the same manner as applicable provisions of this chapter or regulations of the authority.

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  • Jan 8, 2014: REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
  • Jan 29, 2013: REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS

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


Text

STATE OF NEW YORK ________________________________________________________________________ 3075 2013-2014 Regular Sessions IN 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:
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
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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