Bill S6451-2009

Removes the requirement that a liquor licensee must notify locality of application for license renewal; repealer

Removes the requirement that a liquor licensee must notify locality of application for license renewal.

Details

Actions

  • Jun 10, 2010: ADVANCED TO THIRD READING
  • Jun 9, 2010: 2ND REPORT CAL.
  • Jun 8, 2010: 1ST REPORT CAL.886
  • Jan 12, 2010: REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS

Votes

VOTE: COMMITTEE VOTE: - Commerce, Economic Development and Small Business - Jun 8, 2010
Ayes (11): Stachowski, Hassell-Thompson, Stewart-Cousins, Aubertine, Espada, Foley, Alesi, Fuschillo, Robach, Griffo, Volker
Nays (1): Parker

Memo

 BILL NUMBER:  S6451

TITLE OF BILL : An act to amend the alcoholic beverage control law, in relation to removing the notice requirement upon application for a liquor license renewal; and to repeal subdivision 2 of section 109 of such law relating thereto

PURPOSE : To remove requirement that establishments renewing their liquor license send a 30 day notice to the clerk of the village, town or city wherein the licensed premises is located.

SUMMARY OF PROVISIONS : Section 1- Amends subdivision 2-a of section 55 of the alcoholic beverage control law to strike out the application for renewal.

Section 2- Amends subdivision 2-a of section 64 of the alcoholic beverage control law to remove application for renewal from the list of applications required to give notice to the clerk of the village, town or city.

Section 3- Amends subdivision 1-a of section 81 of the alcoholic beverage control law to strike out the application for renewal.

Section 4- Repeals subdivision 2 of 109 of the alcoholic beverage control law.

Section 5- This act shall take effect immediately.

EXISTING LAW : Current law requires that establishments renewing their liquor license send a 30 day notice to the village clerk, town or city where the establishment is located.

JUSTIFICATION : Many issues have arisen in recent years regarding the arduous process for business to obtain and renew a liquor licenses in New York state. When current establishments must renew their license, current law requires them to give 30 day notice to their municipality by certified mail with receipt or face substantial fines. This is an unnecessary step in a time sensitive renewal process for businesses who are already operating with a liquor license, This bill would not apply to a business who is seeking to make any changes to their license.

LEGISLATIVE HISTORY : New Bill.

FISCAL IMPLICATIONS : None.

EFFECTIVE DATE : Immediately.

Text

STATE OF NEW YORK ________________________________________________________________________ 6451 IN SENATE January 12, 2010 ___________
Introduced by Sen. LITTLE -- 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 removing the notice requirement upon application for a liquor license renewal; and to repeal subdivision 2 of section 109 of such law relat- ing thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 2-a of section 55 of the alcoholic beverage control law, as added by chapter 582 of the laws of 1999, is amended to read as follows: 2-a. Notwithstanding any other provision of this chapter, upon receipt in the city of New York of an application for a license under this section[, an application for renewal under section one hundred nine of this chapter,] or an application for an alteration to a premises licensed for consumption on the premises under section ninety-nine-d of this chapter, the applicant shall notify the community board established pursuant to section twenty-eight hundred of the New York city charter with jurisdiction over the area in which such licensed premises is to be located by certified mail, return receipt requested, wherein the prospective licensed premises is to be located or, in the case of an application for [renewal, or] alteration where it is presently located not less than thirty days prior to the submission of its application for a license under this section [or for a renewal thereof pursuant to section one hundred nine of this chapter]. Such community board may express an opinion for or against the granting of such license. Any such opinion shall be deemed part of the record upon which the liquor board makes its determination to grant or deny such license. S 2. Subdivision 2-a of section 64 of the alcoholic beverage control law, as amended by chapter 83 of the laws of 1995, is amended to read as follows: 2-a. Notwithstanding any other provision of this chapter, upon receipt of an application for a license under this section[, an application for
renewal under section one hundred nine of this chapter,]
or an applica- tion for an alteration to a premises licensed for consumption on the premises under section ninety-nine-d of this chapter, the applicant shall notify the clerk of the village, town or city, as the case may be, by certified mail, return receipt requested, wherein the prospective licensed premises is to be located or, in the case of an [application for renewal, or] alteration where it is presently located not less than thirty days prior to the submission of its application for a license under this section [or for a renewal thereof pursuant to section one hundred nine of this chapter]. For the purposes of the preceding sentence notification need only be given to the clerk of a village when such premises is to be located within the boundaries of the village. In the city of New York, the community board established pursuant to section twenty-eight hundred of the New York city charter with jurisdic- tion over the area in which such licensed premises is to be located shall be considered the appropriate public body to which notification shall be given. Such municipality or community board, as the case may be, may express an opinion for or against the granting of such license. Any such opinion shall be deemed part of the record upon which the liquor board makes its determination to grant or deny such license. S 3. Subdivision 1-a of section 81 of the alcoholic beverage control law, as added by chapter 582 of the laws of 1999, is amended to read as follows: 1-a. Notwithstanding any other provision of this chapter, upon receipt in the city of New York of an application for a license under this section[, an application for renewal under section one hundred nine of this chapter,] or an application for an alteration to a premises licensed for consumption on the premises under section ninety-nine-d of this chapter, the applicant shall notify the community board established pursuant to section twenty-eight hundred of the New York city charter with jurisdiction over the area in which such licensed premises is to be located by certified mail, return receipt requested, wherein the prospective licensed premises is to be located or, in the case of an application for [renewal, or] alteration where it is presently located not less than thirty days prior to the submission of its application for a license under this section [or for a renewal thereof pursuant to section one hundred nine of this chapter]. Such community board may express an opinion for or against the granting of such license. Any such opinion shall be deemed part of the record upon which the liquor board makes its determination to grant or deny such license. S 4. Subdivision 2 of section 109 of the alcoholic beverage control law is REPEALED. S 5. This act shall take effect immediately.

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