S310-2013 Actions

• Apr 30, 2013: DEFEATED IN COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
• Feb 25, 2013: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
• Jan 9, 2013: REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS

S310-2013 Meetings

S310-2013 Votes

S310-2013 Memo

BILL NUMBER:S310

TITLE OF BILL:
An act
to amend the alcoholic beverage control law, in relation to requiring
the state liquor authority to invite municipalities or community boards
to appear before the authority to present oral testimony prior to
issuing certain liquor licenses to applicants

PURPOSE OR GENERAL IDEA OF THE BILL:
Specifically requires the State Liquor Authority to invite
municipalities and community boards to present oral testimony when
the Authority is considering an application for a liquor license.

SUMMARY OF PROVISIONS:
Section 1. Amends Section 64 of the alcoholic beverage control law by
adding a new subdivision 7-a. Requires the State Liquor Authority to
invite a municipality or community board to appear before the
authority to present oral testimony regarding the applicant.

Section 2. Effective Date

EXISTING LAW:
Current law does not require the State Liquor Authority to invite
municipalities or community boards to present oral testimony
regarding the application for a liquor license.

JUSTIFICATION:
The State Liquor Authority considers several criteria prior to
granting a retail liquor license for consumption on the premises.
These include, but are not limited to: the number, classes and
character of licenses in proximity to the location and in the
particular municipality; the impact of the license on vehicular
traffic and parking in proximity to the location; the level of noise
and any potential increase in noise level that would be generated;
and, the history of liquor violations and reported criminal activity
at the proposed premises.

Current statute does not specifically require the State Liquor
Authority to invite municipalities or in the case of New York City,
community boards, to present oral testimony regarding an application
for a liquor license. Municipalities and community boards should have
input regarding the approval of a liquor license, and this input
should be mandated by state statute.
This legislation would require municipalities and community boards to
be invited by the State Liquor Authority to present oral testimony
when an application for a liquor license is being considered.

LEGISLATIVE HISTORY:
2012: S.6924 - Referred to Investigations and Government
      Operations/A.9838 - Referred to Economic Development

FISCAL IMPLICATIONS:
None to State.

EFFECTIVE DATE:


Immediately.

S310-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          310
 2013-2014 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 9, 2013
 
 Introduced  by  Sen.  DIAZ  --  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
 requiring the state  liquor  authority  to  invite  municipalities  or
 community boards to appear before the authority to present oral testi
 mony prior to issuing certain liquor licenses to applicants
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1.

Section 64 of the alcoholic beverage control law is amended
 by adding a new subdivision 7-a to read as follows:

 7-A. BEFORE THE  AUTHORITY  MAY  ISSUE  A  LICENSE  PURSUANT  TO  THIS
 SECTION,  THE AUTHORITY SHALL INVITE THE MUNICIPALITY OR COMMUNITY BOARD
 TO APPEAR BEFORE THE AUTHORITY TO PRESENT ORAL TESTIMONY  REGARDING  THE
 APPLICANT.
 

S 2. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00959-01-3

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