Bill S3978-2013

Requires license and renewal applicants to indicate the type of establishment to be operated

Requires license and renewal applicants to indicate the type of establishment to be operated.

Details

Actions

  • Jun 5, 2013: SUBSTITUTED BY A3869
  • Jun 4, 2013: ADVANCED TO THIRD READING
  • Jun 3, 2013: 2ND REPORT CAL.
  • May 30, 2013: 1ST REPORT CAL.837
  • Mar 4, 2013: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Votes

VOTE: COMMITTEE VOTE: - Investigations and Government Operations - May 30, 2013
Ayes (8): Marcellino, Carlucci, Golden, Nozzolio, O'Mara, Zeldin, Hoylman, Squadron
Excused (1): Diaz

Memo

BILL NUMBER:S3978

TITLE OF BILL: An act to amend the alcoholic beverage control law, in relation to requiring license and renewal applicants to indicate the type of establishment to be operated and prohibiting any form of exotic dancing at licensed establishment premises

PURPOSE: To amend the alcoholic beverage control law to require license and renewal applicants to adequately describe the type of establishment to be operated, as well as to 1:4provide notice to community boards of the type of business that is seeking a liquor license in their community.

SUMMARY OF PROVISIONS: This bill amends subdivision 1 of section 110 of the alcoholic beverage control law to include a statement indicating the type of establishment to be operated at the premises. Such statement shall indicate the occurrence of topless entertainment and/or exotic dancing whether topless or otherwise, including, but not limited to, pole dancing and lap dancing, at the establishment.

JUSTIFICATION: Throughout the state, so called "bikini bars" are opening and offering pole and lap-dances from women in their underwear or bikinis. Under current law, an owner may open an establishment that includes exotic dancing, provided these dancers are not topless, without notification on their alcoholic beverage license. This loophole has been exploited to pull the wool over the community's eyes. This exploitation infringes on the very purpose of the community input process. This policy change is necessary to protect neighborhoods and allow their respective community boards to be fully aware of the intentions of establishments seeking to provide adult entertainment. By requiring further criteria to be indicated beyond "topless dancing" on an alcoholic license application, communities will be better prepared and have a larger amount of discretion in deciding whether or not to allow such establishments to operate in their neighborhoods.

The current ambiguity in the law invites abuse and allows these lewd businesses to set up shop close to schools, parks, residences, and senior centers.

LEGISLATIVE HISTORY: None

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect on the 60th day after it becomes law.


Text

STATE OF NEW YORK ________________________________________________________________________ 3978 2013-2014 Regular Sessions IN SENATE March 4, 2013 ___________
Introduced by Sen. MAZIARZ -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment Operations AN ACT to amend the alcoholic beverage control law, in relation to requiring license and renewal applicants to indicate the type of establishment to be operated and prohibiting any form of exotic danc- ing at licensed establishment premises THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraphs (f), (g) and (h) of subdivision 1 of section 110 of the alcoholic beverage control law are relettered paragraphs (g), (h) and (i) and a new paragraph (f) is added to read as follows: (F) A STATEMENT INDICATING THE TYPE OF ESTABLISHMENT TO BE OPERATED AT THE PREMISES. SUCH STATEMENT SHALL INDICATE THE OCCURRENCE OF TOPLESS ENTERTAINMENT AND/OR EXOTIC DANCING WHETHER TOPLESS OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, POLE DANCING AND LAP DANCING, AT THE ESTABLISHMENT. S 2. Subdivision 6 of section 110 of the alcoholic beverage control law, as amended by chapter 114 of the laws of 2000, is amended to read as follows: 6. The authority may in its discretion waive the submission of any category of information described in this section for any category of license or permit, provided that it shall not be permitted to waive the requirement for submission of any such category of information solely for an individual applicant or applicants AND PROVIDED FURTHER THAT NO WAIVER OF PARAGRAPH (F) OF SUBDIVISION ONE OF THIS SECTION SHALL BE MADE. S 3. Subdivision 1 of section 109 of the alcoholic beverage control law, as amended by chapter 396 of the laws of 1995, is amended to read as follows:
1. Each license and permit, except a temporary permit effective for one day only, issued pursuant to this chapter may be renewed upon appli- cation therefor by the licensee or permittee and the payment of the annual fee for such license or permit as prescribed by this chapter. In the case of applications for renewals, the liquor authority may dispense with the requirements of such statements as it deems unnecessary in view of those contained in the application made for the original license or permit[, but in any event the]; PROVIDED, HOWEVER, THAT NO WAIVER OF PARAGRAPH (F) OF SUBDIVISION ONE OF SECTION ONE HUNDRED TEN OF THIS ARTICLE MAY BE MADE. THE submission of photographs of the licensed prem- ises shall be dispensed with provided the applicant for such renewal shall file a statement with such authority to the effect that there has been no alteration of such premises since the original license was issued. An applicant for a retail license for on-premises consumption shall also submit to the authority a copy of the valid certificate of occupancy or such other document issued by the local code enforcement agency for the premises for which the original license was issued. The liquor authority may make such rules as may be necessary not inconsist- ent with this chapter regarding applications for renewals of licenses and permits and the time for making the same. S 4. This act shall take effect on the sixtieth day after it shall have become a law; provided, however, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.

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