Bill S4943-2013

Revises procedures for issuance of retail and special retail liquor licenses for on premises consumption for premises within 500 feet of 3 or more existing premises

Revises procedures regarding the issuance of both retail and special retail liquor licenses for on-premises consumption for premises located within 500 feet of 3 or more existing premises in cities, towns and villages of twenty thousand of more; provides that the written notice which the authority must give to the municipality or community board of the hearing which the authority must hold before issuing a regular (i.e., non-special) license must include the date, time and place thereof and must include a copy of the license application, with certain personal information redacted to prevent an unwarranted invasion of privacy (more specifically, the copy of the application shall not include the home address, home telephone number or social security number of any individual, and the authority may redact other personal information contained in the application in order to prevent an unwarranted invasion of an individual's privacy); and imposes a parallel requirement for written notice of the hearing which must be held regarding applications for such special retail licenses for on-premises consumption.

Details

Actions

  • Jan 8, 2014: REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
  • Jun 21, 2013: COMMITTED TO RULES
  • Jun 10, 2013: ADVANCED TO THIRD READING
  • Jun 5, 2013: 2ND REPORT CAL.
  • Jun 4, 2013: 1ST REPORT CAL.981
  • May 1, 2013: REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Commerce, Economic Development and Small Business - Jun 4, 2013
Ayes (9): Valesky, Boyle, Gallivan, Fuschillo, Robach, Kennedy, Hassell-Thompson, Sanders, O'Brien
Ayes W/R (2): Felder, Griffo

Memo

BILL NUMBER:S4943

TITLE OF BILL: 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

PURPOSE OR GENERAL IDEA OF BILL: This bill revises procedures for the issuance of retail and special retail liquor licenses for on-premise consumption for premises within five hundred feet of three or more existing premises.

SUMMARY OF SPECIFIC PROVISIONS: Paragraph (f) of subdivision 7 of section 64 of the alcoholic beverage control law, as amended by chapter 463 of the laws of 2009, and paragraph (d) of subdivision 7 of section 64-a of the alcoholic beverage control law, as amended by chapter 463 of the laws of 2009, are amended to read as follows:

Notice to the municipality or community board shall mean written notice mailed by the authority to such municipality or community board at least fifteen days in advance of any hearing scheduled pursuant to this paragraph and shall include the date, time and place thereof. In addition, such notice to the municipality or community board of a hearing scheduled pursuant to this paragraph shall include e copy of the application for said license. Provided however, that a copy of said application included with said notice shall not include the home address, home telephone number or social security number of any individual; and provided further that the authority, in its discretion, may redact any other personal information contained in such application in order to prevent an unwarranted invasion of an individual's privacy.

JUSTIFICATION: The State Liquor Authority is prohibited from issuing a retail license for on-premises consumption to any establishment to be located within five hundred feet of three or more licensed and operating establishments, this prohibition is commonly referred to as the five hundred foot rule. The five hundred foot rule was enacted to alleviate the problems caused by the over saturation of residential neighborhoods by late night bars and clubs. This rule may be waived, however, if after consultation with the municipality or community board the Liquor Authority determines that issuing such a license would be in the public interest. T public hearing must be conducted before the Liquor Authority can issue any such license during which the community must be provided an opportunity to present oral testimony on the application. Written notice must be provided to the municipality or community board at least fifteen days in advance of the hearing.

Currently, little more than the name and location of the proposed establishment is included with the five hundred foot hearing notice. This measure requires that a copy of the license application, redacted to exclude personal information, being included with the notice so that the public may participate in the hearing in an informed manner.

PRIOR LEGISLATIVE HISTORY: A.597/S.4774 of 2001-02; Passed Assembly, Referred to Senate Commerce Economic Development & Small Business A.0250 of 2003-04; Passed Assembly A.1626 of 2005-06; Passed Assembly A.1869 of 2007-2008; Passed Assembly A.3743-A of 2009-10; Passed Assembly A.0583 of 2011-12; Passed Assembly

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect 90 days after it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 4943 2013-2014 Regular Sessions IN SENATE May 1, 2013 ___________
Introduced by Sen. O'BRIEN -- 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 or community board shall mean written notice mailed by the authority to such municipality or community board at least fifteen days in advance of any hearing scheduled pursuant to this paragraph AND SHALL INCLUDE THE DATE, TIME AND PLACE THEREOF. IN ADDITION, SUCH NOTICE TO THE MUNICI- PALITY OR COMMUNITY BOARD OF A HEARING SCHEDULED PURSUANT TO THIS PARA- GRAPH SHALL INCLUDE A COPY OF THE APPLICATION FOR SAID LICENSE. PROVIDED, HOWEVER, THAT THE COPY OF SAID APPLICATION INCLUDED WITH SAID NOTICE SHALL NOT INCLUDE THE HOME ADDRESS, HOME TELEPHONE NUMBER OR SOCIAL SECURITY NUMBER OF ANY INDIVIDUAL; AND PROVIDED FURTHER THAT THE AUTHORITY, IN ITS DISCRETION, MAY REDACT ANY OTHER PERSONAL INFORMATION CONTAINED IN SUCH APPLICATION IN ORDER TO PREVENT AN UNWARRANTED INVA- SION OF AN INDIVIDUAL'S PRIVACY. Upon the request of the authority, any municipality or community board may waive the fifteen 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 days in advance of any hear- ing scheduled pursuant to this paragraph AND SHALL INCLUDE THE DATE, TIME AND PLACE THEREOF. Upon the request of the authority, any munici- pality or community board may waive the fifteen day notice requirement. IN ADDITION, SUCH NOTICE TO THE MUNICIPALITY OR COMMUNITY BOARD OF A HEARING SCHEDULED PURSUANT TO THIS PARAGRAPH SHALL INCLUDE A COPY OF THE APPLICATION FOR SAID LICENSE. PROVIDED, HOWEVER, THAT THE COPY OF SAID APPLICATION INCLUDED WITH SAID NOTICE SHALL NOT INCLUDE THE HOME ADDRESS, HOME TELEPHONE NUMBER OR SOCIAL SECURITY NUMBER OF ANY INDIVID- UAL; AND PROVIDED FURTHER THAT THE AUTHORITY, IN ITS DISCRETION, MAY REDACT ANY OTHER PERSONAL INFORMATION CONTAINED IN SUCH APPLICATION IN ORDER TO PREVENT AN UNWARRANTED INVASION OF AN INDIVIDUAL'S PRIVACY. 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 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 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 premises 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 neces- sary or convenient to implement the provisions of this act are author- ized to be promulgated on or before such effective date.

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