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.

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S360-2013 Actions

• Jan 9, 2013: REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS

S360-2013 Memo

BILL NUMBER:S360

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 Section 3 of Part Z of
Chapter 85 of the laws
of 2002 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
2011-12: S.3108 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.

S360-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                     360

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  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

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD02419-01-3

 S. 360                              2

  dollars, and elsewhere one hundred eighty-seven dollars and fifty cents.
  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.