Bill S310-2013

Relates to municipalities or community boards presenting oral testimony

Requires 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.

Details

Actions

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

Votes

VOTE: COMMITTEE VOTE: - Commerce, Economic Development and Small Business - Apr 30, 2013
Ayes (2): Fuschillo, Kennedy
Ayes W/R (3): Felder, Sanders, O'Brien
Nays (6): Valesky, Boyle, Gallivan, Griffo, Robach, Hassell-Thompson

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 310 2013-2014 Regular Sessions IN 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.

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