Amends license fees to sell liquor at retail for on premises consumption outside the city of New York to standardize such fees.
TITLE OF BILL: An act to amend the alcoholic beverage control law, in relation to license fees
PURPOSE OF THE BILL: This bill would reduce license fees in medium-sized cities for establishments licensed to sell liquor for on-premise consumption to match the fee charged in other communities outside the city of New York.
SUMMARY OF SPECIFIC PROVISIONS: § 1- Amends subdivision 4 of § 66 of the Alcoholic Beverage Control Law to conform the liquor license fee for on-premise establishments in cities with a population of 50,000 or more other than New York City to the fee applicable in towns and smaller cities.
§ 2- Effective date.
JUSTIFICATION: Enactment of this bill would reduce the financial burden on restaurants and other hospitality businesses in medium-sized cities and allow for greater economic growth in these communities.
While the existing fee may have at one time reflected greater populations and attendant enforcement issues in cities, this is no longer that case with the population shift to the suburbs. Currently, a licensed establishment located in a smaller city must pay a higher license fee then if it were located in a neighboring town with a larger population. These higher fees discourage business investment in downtown communities, while encouraging further sprawl development in suburban areas.
PRIOR LEGISLATIVE HISTORY: 2009-2010: A.2851-A 2007-2008: A.3136 2005-2006: A.7676 2003-2004: A.5907/S.3395 2001-2002: A.8949/S.5468
FISCAL IMPLICATIONS: Minimal.
EFFECTIVE DATE: This act shall take effect April 1, 2012.
STATE OF NEW YORK ________________________________________________________________________ 4125 2011-2012 Regular Sessions IN SENATE March 21, 2011 ___________Introduced by Sen. MARCELLINO -- read twice and ordered printed, and when printed to be committed to the Committee on Commerce, Economic Development 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; 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 elsewhere; except that the license fees for catering establishments shall be two-thirds the license fee speci- fied herein and for clubs, except luncheon clubs and golf clubs, shall be seven hundred fifty dollars in counties 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 elsewhere. The annual fees for luncheon clubs shall be three hundred seventy-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 eight- y-seven dollars and fifty cents. Notwithstanding any other provision ofEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06177-01-1 S. 4125 2
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 organ- ized under section two hundred sixty of the military law and incorpo- rated pursuant to the not-for-profit corporation law. Provided, howev- er, 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 thirtieth, 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 prem- ises 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 April 1, 2012.