Bill S575-2011

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

Revises procedures regarding the issuance of retail and special retail liquor, bottle club, restaurant-brewer and cabaret 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 or more; provides that the hearing which the authority is required to hold before issuing such a license may be rescheduled, adjourned or continued and that the authority must give notice to the applicant and the municipality or community board of such rescheduled, adjourned or continued hearing; and provides that the authority or commissioners thereof may also hold a public meeting in connection with issuance of such a license which may also be rescheduled, adjourned or continued, and that the authority must give notice to the applicant and the municipality or community board of the meeting including any rescheduled, adjourned or continued meeting.

Details

Actions

  • Jul 18, 2012: SIGNED CHAP.185
  • Jul 6, 2012: DELIVERED TO GOVERNOR
  • May 30, 2012: returned to senate
  • May 30, 2012: passed assembly
  • May 30, 2012: ordered to third reading cal.498
  • May 30, 2012: substituted for a584a
  • Feb 14, 2012: referred to economic development
  • Feb 14, 2012: DELIVERED TO ASSEMBLY
  • Feb 14, 2012: PASSED SENATE
  • Jan 23, 2012: ADVANCED TO THIRD READING
  • Jan 19, 2012: 2ND REPORT CAL.
  • Jan 18, 2012: 1ST REPORT CAL.36
  • Jan 4, 2012: REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
  • Jan 5, 2011: REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Commerce, Economic Development and Small Business - Jan 18, 2012
Ayes (11): Alesi, Griffo, Johnson, McDonald, Robach, Ritchie, Kennedy, Espaillat, Hassell-Thompson, Parker, Stewart-Cousins
Ayes W/R (1): Fuschillo

Memo

BILL NUMBER:S575

TITLE OF BILL:

An act to amend the alcoholic beverage control law, in relation to procedures associated with issuing retail, special retail, bottle club, restaurant-brewer and cabaret 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 licenses and special retail licenses for on-premises 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, paragraph (d) of subdivision 7 of section 64-a, paragraph (c) of subdivision 5 of section 64-b, paragraph (c) of subdivision 11 of section 64-c, and paragraph (e) of subdivision 8 of section 64-d of the alcoholic beverage control law, as amended by chapter 463 of the laws of 2009 are amended as follows:

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.

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. The five hundred foot rule may be waived, however, if, after consultation with the community board, the Liquor Authority determines

that issuing such a license would be in the public interest. A 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.

While the Liquor Authority must provide notice of the five hundred foot hearing to the municipality or community board, it is not required to provide notice of subsequent meetings on the application. Specifically, it need not provide notice to the community of its final meeting on the application during which it decides whether to grant the license. This measure would require the Liquor Authority to provide written notice to the municipality or community board of all subsequent meetings on the application, as it is imperative that the community be provided an opportunity to weigh in on the application during the decision making period.

PRIOR LEGISLATIVE HISTORY:

2010 - S.5508 Passed Senate 2009 - A.3827 Passed Assembly 2008 - A.1959 Passed Assembly 2006 - A.1628 Passed Assembly 2004 - A.248 Referred to Economic Development 2002 - S.4775 Referred to Commerce & Economic Development A.594 Passed Assembly

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect 180 days after it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 575 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________
Introduced by Sens. KLEIN, HASSELL-THOMPSON, KRUEGER -- 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 procedures associated with issuing retail, special retail, bottle club, restaurant-brewer and cabaret 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 463 of the laws of 2009, 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. 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 pursu- ant 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 463 of the laws of 2009, 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. Upon the request of the authority, any municipality or community board may waive the fifteen 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 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. 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. Paragraph (c) of subdivision 5 of section 64-b of the alcoholic beverage control law, as amended by chapter 463 of the laws of 2009, is amended to read as follows: (c) 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-a, 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. 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 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. 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 pursu- ant 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-a, sixty- four-c, and/or sixty-four-d of this article. S 4. Paragraph (c) of subdivision 11 of section 64-c of the alcoholic beverage control law, as amended by chapter 463 of the laws of 2009, is amended to read as follows: (c) 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-a, sixty-four-b 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. 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 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. 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 pursu-
ant 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 operating and licensed pursuant to this section or sections sixty-four, sixty-four-a, sixty- four-b and/or sixty-four-d of this article. S 5. Paragraph (e) of subdivision 8 of section 64-d of the alcoholic beverage control law, as amended by chapter 463 of the laws of 2009, is amended to read as follows: (e) 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 an existing premises licensed and operating pursuant to the provisions of this section or within five hundred feet of three or more existing premises licensed and operating pursuant to this section and sections sixty-four, sixty-four-a, sixty-four-b, and/or sixty-four-c of this article if, after consultation with the municipality or community board, it deter- mines 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. 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. Notice to the municipality or community board shall mean writ- ten 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. 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 an existing premises licensed and operating pursuant to the provisions of this section or 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-a, sixty-four-b, and/or sixty-four-c of this article. S 6. This act shall take effect on the one hundred eightieth day after it shall have become a law and shall apply to all applications for a retail license, special retail license, bottle club license, restau- rant-brewer license or cabaret license, for on-premises consumption of alcoholic beverages 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.

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