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

                                  4291

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 11, 2015
                               ___________

Introduced  by  Sen.  DILAN  -- 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
  procedures associated with issuing retail and special retail  licenses
  to  sell liquor for on-premises consumption regarding premises located
  within five hundred feet of three or more existing premises in cities,
  towns and villages having a population of twenty thousand or more

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraph (f) of subdivision 7 of section 64 of the alco-
holic beverage control law, as amended by chapter 185  of  the  laws  of
2012, is amended to read as follows:
  (f)  Notwithstanding  the provisions of paragraph (b) of this subdivi-
sion, the authority may issue a license pursuant to this section  for  a
premises which shall be within five hundred feet of three or more exist-
ing  premises  licensed  and  operating  pursuant  to  this  section and
sections sixty-four-a, sixty-four-b, sixty-four-c,  and/or  sixty-four-d
of this article if, after consultation with the municipality or communi-
ty  board,  it  determines  that  granting  such license would be in the
public interest. Before it may issue any  such  license,  the  authority
shall  conduct  a  hearing, upon notice to the applicant and the munici-
pality or community board, and shall state and file in  its  office  its
reasons  therefor.  The hearing may be rescheduled, adjourned or contin-
ued, and the authority shall give notice to the applicant and the  muni-
cipality  or  community  board  of  any  such  rescheduled, adjourned or
continued hearing. Before the authority issues  any  said  license,  the
authority  or  one or more of the commissioners thereof may, in addition
to the hearing required by this paragraph, also conduct a public meeting
regarding said license, upon notice to the  applicant  and  the  munici-
pality  or  community  board.  The  public  meeting  may be rescheduled,
adjourned or continued, and the  authority  shall  give  notice  to  the
applicant  and  the municipality or community board of any such resched-
uled, adjourned or continued public meeting. Notice to the  municipality

              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01343-01-5

S. 4291                             2

or  community board shall mean written notice mailed by the authority to
such municipality or community board at least [fifteen] THIRTY  days  in
advance  of  any  hearing scheduled pursuant to this paragraph. Upon the
request  of the authority, any municipality or community board may waive
the [fifteen] THIRTY day notice requirement.  No  premises  having  been
granted  a license pursuant to this section shall be denied a renewal of
such license upon the grounds that such premises are within five hundred
feet of a building or buildings  wherein  three  or  more  premises  are
licensed   and   operating   pursuant   to  this  section  and  sections
sixty-four-a, sixty-four-b, sixty-four-c, and/or  sixty-four-d  of  this
article.
  S  2.  Paragraph (d) of subdivision 7 of section 64-a of the alcoholic
beverage control law, as amended by chapter 185 of the laws of 2012,  is
amended to read as follows:
  (d)  Notwithstanding  the provisions of subparagraph (ii) of paragraph
(a) of this subdivision, the authority may issue a license  pursuant  to
this  section  for a premises which shall be within five hundred feet of
three or more existing premises licensed and operating pursuant to  this
section  and  sections  sixty-four,  sixty-four-b,  sixty-four-c, and/or
sixty-four-d of this article if, after  consultation  with  the  munici-
pality  or  community  board,  it  determines that granting such license
would be in the public interest. Before it may issue any  such  license,
the  authority shall conduct a hearing, upon notice to the applicant and
the municipality or community board, and shall state  and  file  in  its
office  its  reasons  therefor.  Notice to the municipality or community
board shall mean written notice mailed by the authority to such  munici-
pality  or  community board at least [fifteen] THIRTY days in advance of
any hearing scheduled pursuant to this paragraph. Upon  the  request  of
the  authority,  any  municipality  or  community  board  may  waive the
[fifteen] THIRTY day notice requirement. The hearing may be rescheduled,
adjourned or continued, and the  authority  shall  give  notice  to  the
applicant  and  the municipality or community board of any such resched-
uled, adjourned or continued hearing. Before the  authority  issues  any
said  license, the authority or one or more of the commissioners thereof
may, in addition to the hearing required by this paragraph, also conduct
a public meeting regarding said license, upon notice  to  the  applicant
and  the  municipality  or  community  board.  The public meeting may be
rescheduled, adjourned or continued, and the authority shall give notice
to the applicant and the municipality or community  board  of  any  such
rescheduled,  adjourned  or continued public meeting. No premises having
been granted a license pursuant  to  this  section  shall  be  denied  a
renewal  of  such license upon the grounds that such premises are within
five hundred feet of a building or buildings wherein three or more prem-
ises are licensed and operating pursuant to this  section  and  sections
sixty-four,  sixty-four-b,  sixty-four-c,  and/or  sixty-four-d  of this
article.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have  become  a  law  and  shall  apply to all applications for a retail
license, or special retail  license,  for  on-premises  consumption  for
premises within five hundred feet of existing licensed premises that are
pending before or filed with the state liquor authority on or after such
effective date. Effective immediately any rules or regulations necessary
or  convenient to implement the provisions of this act are authorized to
be promulgated on or before such effective date.