S3400-2013 Actions

• Feb 1, 2013: REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS

S3400-2013 Memo

BILL NUMBER:S3400

TITLE  OF BILL:   An act to amend the alcoholic beverage control law, in
relation to licenses to sell liquor at retail for  consumption  off  the
premises issued in the city of New York

PURPOSE  OF BILL:   This bill requires notice to a locality and allows a
Municipality or community board to express an opinion for or against the
granting or renewal of a license to sell liquor at retail  for  consump-
tion  off  the  premises in cities having a population of one million or
more persons.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Adds a new subdivision 2-a to section  63  of  the  Alcoholic
Beverage control Law, o require notice to a locality and allow a munici-
pality  or  community  board  to  express  an opinion for or against the
granting or renewal of a license to sell liquor at retail  for  consump-
tion off the premises.

Section 2. States the effective date.

JUSTIFICATION:    Under  current  law,  The  state  Liquor  Authority is
required to consider several factors upon receipt of an application  for
a  new  or  renewed  license to sell liquor for on-premises consumption.
Among these factors is the opinion  of  the  municipality  or  community
board  which  has jurisdiction over the area where the retail establish-
ment will be located.

However, the community has no input in  the  granting  of  licenses  for
establishments  that  sell liquor for off-premise consumption. With many
communities seeing an increase in complaints regarding the sale of  beer
and  liquor  to  minors  at  grocery and liquor stores, it is equally as
important for communities to have an opinion  in  the  granting  of  off
premise licenses. This bill will correct that oversight.

LEGISLATIVE HISTORY:  2012: S.5901-A - Referred to Economic Development,
Reported to Codes.

FISCAL IMPLICATIONS: None.

EFFECTIVE  DATE:  Shall take effect on the sixtieth day after it becomes
law.

S3400-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         3400
 2013-2014 Regular Sessions
 I N  SENATE
 February 1, 2013
 
 Introduced  by  Sen. ADDABBO -- 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
 licenses to sell liquor at retail for  consumption  off  the  premises
 issued in the city of New York
 

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

 

Section 1.

Section 63 of the alcoholic beverage control law is amended
 by adding a new subdivision 2-a to read as follows:

 2-A. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, IN THE  CITY
 OF  NEW  YORK,  UPON  RECEIPT OF AN APPLICATION FOR A LICENSE UNDER THIS
 SECTION OR AN APPLICATION FOR RENEWAL UNDER SECTION ONE HUNDRED NINE  OF
 THIS CHAPTER, THE APPLICANT SHALL NOTIFY THE COMMUNITY BOARD ESTABLISHED
 PURSUANT  TO  SECTION  TWENTY-EIGHT HUNDRED OF THE NEW YORK CITY CHARTER
 WITH JURISDICTION OVER THE AREA IN WHICH SUCH LICENSED PREMISES IS TO BE
 LOCATED, BY  CERTIFIED  MAIL,  RETURN  RECEIPT  REQUESTED,  WHEREIN  THE
 PROSPECTIVE  LICENSED  PREMISES  IS  TO BE LOCATED OR, IN THE CASE OF AN
 APPLICATION FOR RENEWAL, WHERE IT IS PRESENTLY LOCATED,  NOT  LESS  THAN
 THIRTY  DAYS  PRIOR  TO  THE SUBMISSION OF ITS APPLICATION FOR A LICENSE
 UNDER THIS SECTION OR FOR A RENEWAL  THEREOF  PURSUANT  TO  SECTION  ONE
 HUNDRED NINE OF THIS CHAPTER.  SUCH COMMUNITY BOARD MAY EXPRESS AN OPIN
 ION  FOR OR AGAINST THE GRANTING OF SUCH LICENSE. ANY SUCH OPINION SHALL
 BE DEEMED PART OF THE RECORD UPON  WHICH  THE  LIQUOR  BOARD  MAKES  ITS
 DETERMINATION TO GRANT OR DENY SUCH LICENSE.
 

S  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03015-01-3

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