Requires the state liquor authority to make available on its automated public license query website and database information pertaining to any conditions it imposes on a licensed premises.
TITLE OF BILL: An act to amend the alcoholic beverage control law, in relation to requiring the state liquor authority to make available on its automated public license query website and database information pertaining to any conditions it imposes on a licensed premises
PURPOSE: To insure that the State Liquor Authority (SLA) maintains on its website public information regarding the method of operations of establishments under its jurisdiction.
SUMMARY OF PROVISIONS:
Section One of the alcoholic beverage control law is amended by adding a new section 110-c to create a public license query website and database which, in addition to the information currently available to the public on such website, contain information pertaining to any conditions it imposes on premises holding a license issued by the authority pursuant to this chapter, including but not limited to information pertaining to the hours during which the licensed premises is allowed to operate, the maximum permitted occupancy of the licensed premises and any special conditions imposed by the authority on the licensed premises.
EXISTING LAW: New law.
JUSTIFICATION: On-premises licenses issued by the State Liquor Authority list details of the "Method of Operation" of the premises, including: days and hours of operation, whether live music or dancing is permitted, if the premises includes an outside area, etc. Disturbingly, there is no repository of information where members of the public can access this Method of Operation information. As a result, local residents, businesses and other interested parties have no way of determining the specifics of an SLA on-premises license, for example, what hours the establishment is permitted to stay open or whether anything other than background music - such as a disc jockey is permitted. The only option for the public to learn this information is through filing a Freedom of Information Law (FOIL) request, which is a time consuming and lengthy process.
Equally troubling is that local police precincts do not have the details of SLA on-premises licenses either. This means that when the police answer a complaint about a noisy bar, there is no way for an officer to determine whether the establishment is in compliance with its on-premises license terms, such as hours of operation or whether it can have a DJ.
The State Liquor Authority has recently taken measures to become more transparent by listing the identity of license holders in local communities on a publicly available website. The next step is to require that the relevant information about these licenses be publicly available on the SLA website as well, and to maintain a continuously updated database.
LEGISLATIVE HISTORY: New Bill
FISCAL IMPLICATIONS: To be determined
LOCAL FISCAL IMPLICATIONS: Minimal
EFFECTIVE DATE: This Act shall take effect on the thirtieth day after it shall have become law.
STATE OF NEW YORK ________________________________________________________________________ 3077 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 Investigations and Govern- ment Operations AN ACT to amend the alcoholic beverage control law, in relation to requiring the state liquor authority to make available on its auto- mated public license query website and database information pertaining to any conditions it imposes on a licensed premises THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The alcoholic beverage control law is amended by adding a new section 110-c to read as follows: S 110-C. PUBLIC LICENSE QUERY. THE AUTHORITY SHALL MAKE AVAILABLE ON ITS AUTOMATED PUBLIC LICENSE QUERY WEBSITE AND DATABASE, IN ADDITION TO THE INFORMATION CURRENTLY AVAILABLE TO THE PUBLIC ON SUCH WEBSITE, INFORMATION PERTAINING TO ANY CONDITIONS IT IMPOSES ON A PREMISES HOLD- ING A LICENSE ISSUED BY THE AUTHORITY PURSUANT TO THIS CHAPTER, INCLUD- ING BUT NOT LIMITED TO INFORMATION PERTAINING TO THE HOURS DURING WHICH THE LICENSED PREMISES IS ALLOWED TO OPERATE, THE MAXIMUM PERMITTED OCCU- PANCY OF THE LICENSED PREMISES, AND ANY SPECIAL CONDITIONS IMPOSED BY THE AUTHORITY ON THE LICENSED PREMISES. S 2. This act shall take effect on the thirtieth day after it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08339-01-3