Requires applicants for all-night liquor licenses to notify local community boards of their intent to apply for such licenses.
Ayes (57): Addabbo, Avella, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Dilan, Farley, Felder, Flanagan, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousins, Tkaczyk, Valesky, Young, Zeldin
Nays (2): Ball, Robach
Excused (2): Diaz, Espaillat
TITLE OF BILL: An act to amend the alcoholic beverage control law, in relation to notification to community boards
PURPOSE OR GENERAL IDEA OF BILL: To establish a law that would require the SLA to notify the local community board when any person licensed to sell alcoholic beverages for consumption on premises applies for a special permit.
SUMMARY OF PROVISIONS: Amends section 99 of the alcoholic beverage control law by adding a new subdivision to include notice of intent to apply for a permit to the local community board.
JUSTIFICATION: Currently, any person or business licensed to sell alcoholic beverages for consumption may apply to the SLA for a special permit to remain open on any week-day between the hours of 4 a.m. or the closing hour, and 8 a.m. This often takes place during New Years Eve and other holidays. The State Liquor Authority only requires that the application of the intent to apply for this permit be sent to the police precinct. Community Boards are left out of the process.
To ensure that the local community has input in these decisions, and to ensure that the SLA make fair and educated decisions on proposed permits, application notices should be sent to both the local police department and local community board, particularly when the applicant is in close proximity to residential areas. Community Boards have a better sense of local neighborhood issues and the institutional history of local businesses. Boards should be part of this process since they are included when local businesses are applying for the original licensure. The notification would provide an opportunity for the community to comment on local issues while also maintaining its quality of life.
LEGISLATIVE HISTORY: 2013-2014 Assembly A02593 (Rozic) - Economic Development
FISCAL IMPLICATIONS: None
EFFECTIVE DATE: This act shall take effect immediately and shall apply to all applications under section 99 of the alcoholic beverage control law made after such effective date.
STATE OF NEW YORK ________________________________________________________________________ 6898 IN SENATE March 27, 2014 ___________Introduced by Sen. AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment Operations AN ACT to amend the alcoholic beverage control law, in relation to notification to community boards THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 99 of the alcoholic beverage control law is amended by adding a new subdivision 4 to read as follows: 4. NOTICE OF INTENT TO APPLY FOR A PERMIT PURSUANT TO THIS SECTION MUST BE SENT TO THE LOCAL POLICE DEPARTMENT OR, IF THERE IS NO LOCAL POLICE DEPARTMENT THEN TO THE COUNTY SHERIFF'S OFFICE, AND SUCH NOTICE MUST ALSO BE SENT TO THE LOCAL COMMUNITY BOARD. S 2. This act shall take effect immediately and shall apply to all applications under section 99 of the alcoholic beverage control law made after such effective date.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05845-01-3