Reduces the annual fee for a license to sell liquor at retail to be consumed on the premises in cities having a population of more than 100,000 and less than one million which are outside of the county of Erie.
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.
STATE OF NEW YORK ________________________________________________________________________ 3108 2011-2012 Regular Sessions IN 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.