Bill S39A-2011

Requires the posting of notice by certain establishments upon the submission of an application or application for renewal for a liquor license to sell liquor

Requires the posting of notice by certain establishments upon the submission of an application or application for renewal for a liquor license to sell liquor; requires an applicant seeking or renewing a license to sell liquor at retail for consumption on the premises, a special license to sell liquor at retail on premises, a license to sell liquor on premises of a bottle club, license to manufacture and sell in a restaurant/brewer, or license to sell liquor on premises at a cabaret to post notice of such to the community or community board with jurisdiction over the area in which the licensed establishment is located to ensure the opportunity to participate in the licensing process.

Details

Actions

  • Jan 4, 2012: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • Mar 14, 2011: PRINT NUMBER 39A
  • Mar 14, 2011: AMEND AND RECOMMIT TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • Jan 5, 2011: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Memo

BILL NUMBER:S39A

TITLE OF BILL: An act to amend the alcoholic beverage control law, in relation to procedures associated with issuing licenses to sell liquor for consumption

PURPOSE OR GENERAL IDEA OF BILL: Requires the posting of notice by certain establishments upon the submission of an application or application for renewal for a liquor license to sell liquor.

SUMMARY OF SPECIFIC PROVISIONS: The alcoholic beverage control law is amended by adding a new subdivision to chapter 256 of the laws of 1978. This subdivision requires posting within ten days after filing a new or renewal application to sell liquor at retail. This notice will remain posted until the date of the hearing or public meeting specified in such notice. The posting shall specify the application date, the type of license, the identification number and how to contact the State Liquor Authority to give a response to the application. This posting will be of the form prescribed by the authority either printed or highlighted stating new or renewal for a liquor license to sell liquor. The applicant will insure that the notice will remain posted in a conspicuous place at the entrance to the establishment or proposed establishment where it can be easily read by passers-by throughout the pendency of the application. These provisions will only apply to where no retail liquor license has been previously granted. This will not be applicable to a proposed sale of an existing business engaged in the retail sale of liquor. Within ten days of the applicant's receipt of a written request from the authority, the applicant shall repost such notice.

JUSTIFICATION: A majority of licensed premises which serve alcohol and beer operate as good neighbors. However, there are some establishments which have caused numerous problems for their neighbors. In some instances, licensees have exhibited a pattern of disregard of their patrons' disorderly behavior which repeatedly disturbs the neighborhoods in which they are located. In others, loud music emanating from establishments prevents residents from getting a good night's sleep. The effect of these problem bars in densely-developed, mixed-use areas is often magnified as residents live in close proximity to licensed establishments.

While problem bars have led neighbors to make complaints to owners of establishments and the police, residents are often unfamiliar with the timeframe in which they may express their complaints and share their experiences with the State Liquor Authority. Consequently, many individuals miss these opportunities to express their concerns while the State Liquor Authority is considering an establishment's application for a new liquor license or a renewal of a liquor license.

This legislation requires that all establishments post clear notice when they apply for a new, or renewal liquor license. In addition, establishments are mandated to post notice of State Liquor Authority hearings involving their establishment. In this way, the public will be alerted to upcoming opportunities to bring their issues and concerns about problem establishments to the attention of the State Liquor Authority.

Since community members must live with the consequences of problem establishments, it is essential that they be aware of opportunities to express their concerns directly to the State Liquor Authority. Improving public notice will also help provide the State Liquor Authority with a fuller picture of the impact of problem establishments, so that the liquor license decisions that they make will better reflect the totality of circumstances.

PRIOR LEGISLATIVE HISTORY: 2006: A.10049, Reported from Economic Development and Referred to Codes. 2007-08: A.4584 Third Reading Cal.974. 2009-10: Referred to Economic Development, Referred to Codes, Rules Report Cal. 64, Ordered to Third Reading Cal. 64.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall become law and shall apply to all applications or applications for renewal made under section 64, 64-a, 64-b, 64-c, 64-d of the alcohol beverage control law with the state liquor authority on or after such effective date; provided that any rules or regulations necessary or convenient to implement the provisions of the act are authorized to be promulgated on or before such effective date.


Text

STATE OF NEW YORK ________________________________________________________________________ 39--A 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________
Introduced by Sen. SQUADRON -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment Operations -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the alcoholic beverage control law, in relation to procedures associated with issuing licenses to sell liquor for consumption THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 7 of section 100 of the alcoholic beverage control law, as added by chapter 256 of the laws of 1978, is amended and a new subdivision 8 is added to read as follows: 7. Within ten days after filing a new application to sell liquor at retail under section sixty-three[, sixty-four, sixty-four-a or sixty- four-b] of this chapter, a notice thereof, in the form prescribed by the authority, shall be posted by the applicant in a conspicuous place at the entrance to the proposed premises. The applicant shall make reason- able efforts to insure such notice shall remain posted throughout the pendency of the application. The provisions hereof shall apply only where no retail liquor license has previously been granted for the proposed premise and shall, specifically, not be applicable to a proposed sale of an existing business engaged in the retail sale of liquor. The authority may adopt such rules AS it may deem necessary to carry out the purpose of this subdivision. 8. (A) WITHIN TEN DAYS AFTER FILING A NEW APPLICATION OR AN APPLICA- TION FOR RENEWAL TO SELL LIQUOR UNDER SECTION SIXTY-FOUR, SIXTY-FOUR-A, SIXTY-FOUR-B, SIXTY-FOUR-C OR SIXTY-FOUR-D OF THIS CHAPTER, A NOTICE THEREOF SHALL BE POSTED BY THE APPLICANT IN A CONSPICUOUS PLACE AT THE ENTRANCE TO THE ESTABLISHMENT OR PROPOSED ESTABLISHMENT WHERE IT CAN BE EASILY READ BY PASSERS-BY. SAID NOTICE SHALL BE IN A FORM PRESCRIBED BY
THE AUTHORITY, PROVIDED HOWEVER THAT SAID NOTICE SHALL BE EITHER PRINTED OR HIGHLIGHTED IN A PINK INK OF A NEON, LUMINOUS OR FLUORESCENT VARIETY. THE NOTICE SHALL SPECIFY THE APPLICATION DATE, THE TYPE OF LICENSE, THE IDENTIFICATION NUMBER AND HOW TO CONTACT THE STATE LIQUOR AUTHORITY TO GIVE A RESPONSE TO THE APPLICATION. THE APPLICANT SHALL MAKE REASONABLE EFFORTS TO INSURE SUCH NOTICE SHALL REMAIN POSTED THROUGHOUT THE PENDEN- CY OF SUCH APPLICATION. ADDITIONALLY, WITHIN TEN DAYS OF THE APPLI- CANT'S RECEIPT OF A WRITTEN REQUEST FROM THE AUTHORITY, THE APPLICANT SHALL RE-POST SUCH NOTICE. THE AUTHORITY MAY ADOPT SUCH RULES AS IT MAY DEEM NECESSARY TO CARRY OUT THE PURPOSE OF THIS PARAGRAPH. (B) WITHIN TEN DAYS OF THE APPLICANT'S RECEIPT OF WRITTEN NOTICE OF A HEARING SCHEDULED PURSUANT TO SECTION SIXTY-FOUR, SIXTY-FOUR-A OR SIXTY-FOUR-C OF THIS CHAPTER, THE APPLICANT SHALL POST A COPY OF SUCH NOTICE IN A CONSPICUOUS PLACE AT THE ENTRANCE TO THE ESTABLISHMENT OR PROPOSED ESTABLISHMENT WHERE IT CAN BE EASILY READ BY PASSERS-BY. THIS NOTICE SHALL INCLUDE IN CLEAR AND CONCISE LANGUAGE A STATEMENT OF THE USE AND CAPACITY OF THE ESTABLISHMENT. THE APPLICANT SHALL MAKE REASON- ABLE EFFORTS TO INSURE SUCH NOTICE SHALL REMAIN POSTED UNTIL THE DATE OF THE HEARING OR PUBLIC MEETING SPECIFIED IN SUCH NOTICE. ADDITIONALLY, WITHIN TEN DAYS OF THE APPLICANT'S RECEIPT OF A WRITTEN REQUEST FROM THE AUTHORITY, THE APPLICANT SHALL RE-POST SUCH NOTICE. THE AUTHORITY MAY ADOPT SUCH RULES AS IT MAY DEEM NECESSARY TO CARRY OUT THE PURPOSE OF THIS PARAGRAPH. S 2. This act shall take effect on the ninetieth day after it shall have become a law and shall apply to all applications or applications for renewal made under section 64, 64-a, 64-b, 64-c or 64-d of the alco- holic beverage control law for a license to sell liquor for consumption that are pending before or filed with the state liquor authority on or after such effective date; provided, however, that effective immediate- ly, 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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