S3108-2011 Actions

• Mar 12, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Mar 12, 2012: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
• Jan 4, 2012: REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
• Feb 8, 2011: REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS

S3108-2011 Memo

BILL NUMBER:S3108

TITLE OF BILL:
An act
to amend the alcoholic beverage control law, in relation to license fees

PURPOSE:
Enactment of this legislation would lower the annual fee for a license
to sell liquor at retail to be consumed on the premises where sold
from fifteen hundred thirty six dollars to eight hundred ninety six
dollars in the City of Buffalo, New York.

SUMMARY OF PROVISIONS:
Section 1 of this measure amends Subdivision 4 of Section 66 of the
Alcoholic Beverage Control law as amended by Chapter 875 of the laws
of 1983 by excluding those cities having a population of more than
one hundred thousand and less than one million within Erie County
from the fifteen hundred thirty six dollar annual liquor license fee.

JUSTIFICATION:
Past history surrounding this statute indicates that the
implementation of these fees was population-based.
The present fees no longer reflect the population of the City of
Buffalo. The previous differential in liquor license fees reflected a
higher population density in urban areas and a lesser population in
suburbia.

Over the course of time, the population shift to suburbia has not been
reflected in the license fees charged by New York state to liquor
license holders.

Furthermore, a reduction in license fees would encourage larger
chains to locate in an urban area such as the city of Buffalo.
presently, the higher fee encourages development in outlying areas
while at the same time enticing city based license holders to move
their establishments to the lower priced areas.

FISCAL IMPLICATIONS:
To be determined.

LEGISLATIVE HISTORY:
2001-02: S.1343/A.2038 No action
2003-04: S.1035/A.1969 No action
2004-05: S.1606/A.3052 No action
2007-08: S.1713/A.3422 Referred to Commerce, Economic Development,
and Small Business
2009-10: S.1951/A.6025 Referred to Commerce, Economic Development,
and Small Business

EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.

S3108-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         3108
 2011-2012 Regular Sessions
 I N  SENATE
 February 8, 2011
 
 Introduced  by  Sen. KENNEDY -- 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
 license fees
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.  Subdivision  4  of  section  66 of the alcoholic beverage
 control law, as amended by section 3 of part Z of chapter 85 of the laws
 of 2002, is amended to read as follows:

 4. The annual fee for a license, under section  sixty-four  or  sixty
 four-a  OF  THIS ARTICLE, to sell liquor at retail to be consumed on the
 premises where sold shall be twenty-one hundred seventy-six  dollars  in
 the counties of New York, Kings, Bronx and Queens; fifteen hundred thir
 ty-six  dollars  in  the county of Richmond and in cities having a popu
 lation of more than one hundred thousand and less than one million WHICH
 ARE OUTSIDE OF THE COUNTY OF ERIE; twelve  hundred  sixteen  dollars  in
 cities having a population of more than fifty thousand and less than one
 hundred  thousand; and the sum of eight hundred ninety-six dollars else
 where; except that the license fees for catering establishments shall be
 two-thirds the license fee specified herein and for clubs, except lunch
 eon clubs and golf clubs, shall be seven hundred fifty dollars in  coun
 ties  of  New York, Kings, Bronx and Queens; five hundred dollars in the
 county of Richmond and in cities having a population of  more  than  one
 hundred  thousand and less than one million; three hundred fifty dollars
 in cities having a population of more than fifty thousand and less  than
 one  hundred  thousand;  and  the sum of two hundred fifty dollars else
 where. The annual fees for luncheon clubs shall be three hundred  seven
 ty-five  dollars, and for golf clubs in the counties of New York, Kings,
 Bronx, Queens, Nassau,  Richmond  and  Westchester,  two  hundred  fifty
 dollars, and elsewhere one hundred eighty-seven dollars and fifty cents.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07885-01-1
 
       S. 3108                             2
 Notwithstanding  any other provision of law to the contrary, there shall
 be no annual fee  for  a  license,  under  section  sixty-four  OF  THIS
 ARTICLE,  to  sell liquor at retail to be consumed on the premises where
 the  applicant  is  an  organization organized under section two hundred
 sixty of the military law and incorporated pursuant to the  not-for-pro
 fit  corporation  law.    Provided, however, that where any premises for
 which a license is issued pursuant to section sixty-four or sixty-four-a
 of this article remain open only  within  the  period  commencing  April
 first  and  ending  October thirty-first of any one year, or only within
 the period commencing October first and ending the following April thir
 tieth, the liquor authority may, in its discretion, grant  a  summer  or
 winter  license  effective only for such appropriate period of time, for
 which a license fee shall be paid to be pro-rated  for  the  period  for
 which  such  license is effective, at the rate provided for in the city,
 town or village in which such premises are located, except that no  such
 license  fee  shall  be less than one-half of the regular annual license
 fee; provided further that where the premises to be licensed are a  race
 track or a golf course or are licensed pursuant to section sixty-four or
 sixty-four-a  of  this  [chapter]  ARTICLE,  the  period  of such summer
 license may commence March first and end November thirtieth.
 Where a hotel, restaurant, club, golf course or  race  track  is  open
 prior to April first and/or subsequent to October thirty-first by reason
 of  the issuance of a caterer's permit or permits issued by the authori
 ty, such fact alone shall not affect the eligibility of the premises  or
 the person owning or operating such hotel, restaurant, club, golf course
 or race track for a summer license.
 

S  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.

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