Amends license fees to sell liquor at retail for on premises consumption outside the city of New York to standardize such fees.

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S4125-2011 Actions

• Jan 24, 2012: PRINT NUMBER 4125A
• Jan 24, 2012: AMEND AND RECOMMIT TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
• Jan 4, 2012: REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
• May 24, 2011: REPORTED AND COMMITTED TO FINANCE
• Mar 21, 2011: REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS

S4125-2011 Meetings

Commerce, Economic Development and Small Business: May 24, 2011

S4125-2011 Votes

S4125-2011 Memo

BILL NUMBER:S4125

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.

S4125-2011 Text

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

                                    4125

                         2011-2012 Regular Sessions

                              I N  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 of

   EXPLANATION--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.