S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1337
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2017
                                ___________
 
 Introduced  by M. of A. ROZIC -- read once and referred to the Committee
   on Economic Development
 
 AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
   special permits to remain open during certain hours of the morning
 
   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,  as
 amended  by  chapter  204  of  the laws of 1963, subdivisions 1 and 2 as
 amended by section 22 of part Z of chapter 85 of the laws  of  2002,  is
 amended to read as follows:
   § 99. Special  permit to remain open during certain hours of the morn-
 ing.  1. Any person licensed to sell alcoholic beverages for consumption
 on the premises pursuant to this chapter may apply to the liquor author-
 ity for a special permit to remain open on  any  week  day  between  the
 hours  of  four  o'clock  a.m.  or the closing hour prescribed by a rule
 adopted in a county on or before April first, nineteen  hundred  ninety-
 five  or  pursuant  to  subdivision  eleven of section seventeen of this
 chapter, and eight o'clock a.m. The fee for such permit shall be  fifty-
 one dollars per day.
   2.  NOT  LESS  THAN  THIRTY  DAYS  BEFORE  FILING AN APPLICATION FOR A
 SPECIAL PERMIT PURSUANT TO THIS SECTION, AN APPLICANT SHALL  NOTIFY  THE
 MUNICIPALITY IN WHICH THE PREMISES IS LOCATED OF SUCH APPLICANT'S INTENT
 TO  FILE  SUCH  AN  APPLICATION.  SUCH NOTIFICATION SHALL BE MADE TO THE
 CLERK OF THE VILLAGE, TOWN OR CITY, AS THE  CASE  MAY  BE,  WHEREIN  THE
 PREMISES IS LOCATED. FOR PURPOSES OF THIS SECTION:
   (A) NOTIFICATION NEED ONLY BE GIVEN TO THE CLERK OF A VILLAGE WHEN THE
 PREMISES IS LOCATED WITHIN THE BOUNDARIES OF THE VILLAGE; AND
   (B)  IN THE CITY OF NEW YORK, THE COMMUNITY BOARD ESTABLISHED PURSUANT
 TO SECTION TWENTY-EIGHT HUNDRED OF THE NEW YORK CITY CHARTER WITH JURIS-
 DICTION OVER THE AREA IN WHICH THE PREMISES IS LOCATED SHALL BE  CONSID-
 ERED THE APPROPRIATE PUBLIC BODY TO WHICH NOTIFICATION SHALL BE GIVEN.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00427-01-7

 A. 1337                             2
 
   3.  NOT  LESS  THAN  THIRTY  DAYS  BEFORE  FILING AN APPLICATION FOR A
 SPECIAL PERMIT PURSUANT TO THIS SECTION, AN APPLICANT SHALL  NOTIFY  THE
 LOCAL  POLICE  DEPARTMENT,  OR IF NO LOCAL POLICE DEPARTMENT EXISTS, THE
 SHERIFF'S DEPARTMENT OF THE COUNTY IN WHICH THE PREMISES IS LOCATED.
   4.  SUCH NOTIFICATION SHALL BE MADE BY: CERTIFIED MAIL, RETURN RECEIPT
 REQUESTED; OVERNIGHT DELIVERY SERVICE WITH PROOF OF MAILING; OR PERSONAL
 SERVICE UPON THE OFFICES OF THE CLERK OR COMMUNITY BOARD AND  THE  LOCAL
 POLICE DEPARTMENT OR COUNTY SHERIFF'S DEPARTMENT.
   5.  THE  APPLICANT  MUST  INCLUDE,  WITH THE APPLICATION FOR A SPECIAL
 PERMIT, PROOF THAT NOTICE WAS MAILED OR DELIVERED TO THE OFFICES OF  THE
 CLERK OR COMMUNITY BOARD AND THE LOCAL POLICE DEPARTMENT OR COUNTY SHER-
 IFF'S  DEPARTMENT.  ACCEPTABLE PROOF THAT NOTICE WAS MAILED OR DELIVERED
 INCLUDES:
   (A) A COPY OF THE NOTICE AND A CERTIFIED MAIL RECEIPT CARD;
   (B) A COPY OF THE NOTICE AND A PROOF OF MAILING VIA OVERNIGHT DELIVERY
 SERVICE; OR
   (C) THE ORIGINAL NOTICE OR A COPY OF THE NOTICE, STAMPED AND SIGNED BY
 THE CLERK OR COMMUNITY BOARD AND THE LOCAL POLICE DEPARTMENT  OR  COUNTY
 SHERIFF'S DEPARTMENT.
   6.  A  MUNICIPALITY  OR  COMMUNITY BOARD MAY EXPRESS AN OPINION FOR OR
 AGAINST THE GRANTING OF SUCH APPLICATION.  ANY  SUCH  OPINION  SHALL  BE
 DEEMED  PART  OF  THE  RECORD  UPON WHICH THE LIQUOR AUTHORITY MAKES ITS
 DETERMINATION TO GRANT OR DENY THE APPLICATION.
   7. The liquor authority may, in its  discretion,  issue  to  any  such
 licensed  person,  whose  premises  are  located  within a trade area, a
 special permit to remain open during such hours of the morning on  week-
 days.  The  fee  for  such  permit  shall  be at the rate of two hundred
 fifty-six dollars per annum.
   [3.] 8. Such permits and the exercise of the privileges granted there-
 under may be subjected by the liquor authority to such rules as  it  may
 deem necessary.
   § 2. This act shall take effect immediately.