S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6283

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 27, 2009
                               ___________

Introduced  by  M. of A. ESPAILLAT, GOTTFRIED, V. LOPEZ, HOOPER, PHEFFER
  -- Multi-Sponsored by -- M. of A. MILLMAN,  TOWNS  --  read  once  and
  referred  to  the  Committee  on  Economic  Development, Job Creation,
  Commerce and Industry

AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
  creating a liaison between the state liquor authority and local commu-
  nity boards and providing a sixty day notification period for communi-
  ty  boards  before the issuance of a new license, renewal of a license
  or alteration of a license

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The alcoholic beverage control law is amended by adding a
new section 20 to read as follows:
  S 20. AUTHORITY COMMUNITY LIAISON. 1. THE AUTHORITY  SHALL  APPOINT  A
COMMUNITY LIAISON FOR EACH COMMUNITY BOARD IN THE CITY OF NEW YORK.
  2.  THE  COMMUNITY  LIAISON  IS  REQUIRED TO ENSURE THAT THE COMMUNITY
BOARD RECEIVES ALL PROPER NOTIFICATIONS OF LICENSE ISSUANCE  OR  RENEWAL
THAT ARE REQUIRED UNDER THE PROVISIONS OF THIS CHAPTER.
  3. THE COMMUNITY LIAISON IS RESPONSIBLE FOR:
  A.  REGULARLY  ATTENDING THE MEETINGS OF THE COMMUNITY BOARD FOR WHICH
HE OR SHE IS ACTING AS THE LIAISON;
  B. SUBMITTING REPORTS TO THE  AUTHORITY  WITH  RESPECT  TO  ISSUES  OF
CONCERN OF THE COMMUNITY BOARD FOR WHICH HE OR SHE IS THE LIAISON;
  C.  SUBMITTING  ANY  COMMUNITY BOARD RECOMMENDATIONS TO THE AUTHORITY;
AND
  D. INFORMING THE COMMUNITY BOARD OF EVERY REGULARLY SCHEDULED  MEETING
OF  THE  LIQUOR  AUTHORITY  AND  PROVIDING AN AGENDA FOR SUCH MEETING AT
LEAST FIFTEEN DAYS PRIOR TO THE MEETING.
  S 2. 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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08403-02-9
              

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  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 A NEW LICENSE, A renewal OF A LICENSE, or alteration  OF
A LICENSE 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 chap-
ter].  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.   NO SUCH LICENSE SHALL BE  ISSUED  NEW,  RENEWED  OR
ALTERED  UNTIL AT LEAST SIXTY DAYS AFTER THE APPROPRIATE COMMUNITY BOARD
HAS BEEN NOTIFIED.
  S 3. 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.   IN
THE  CITY  OF  NEW YORK, NO SUCH LICENSE SHALL BE ISSUED NEW, RENEWED OR
ALTERED UNTIL AT LEAST SIXTY DAYS AFTER THE APPROPRIATE COMMUNITY  BOARD
HAS BEEN NOTIFIED.
  S  4.  Paragraph  (f)  of subdivision 7 of section 64 of the alcoholic
beverage control law, as amended by chapter 602 of the laws of 1999,  is
amended to read as follows:
  (f)  Notwithstanding  the provisions of paragraph (b) of this subdivi-
sion, the authority may issue a retail license for on-premises  consump-
tion  for a premises which shall be within five hundred feet of three or
more existing premises licensed and operating pursuant to the provisions
of this section if, after consultation with the municipality or communi-

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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. 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  sched-
uled  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 a building or buildings
wherein three or more premises are operating and  licensed  pursuant  to
this section.  NO LICENSE SHALL BE ISSUED PURSUANT TO THIS SECTION UNTIL
AT LEAST SIXTY DAYS AFTER THE APPROPRIATE COMMUNITY BOARD HAS BEEN NOTI-
FIED.
  S  5.  Paragraph (d) of subdivision 7 of section 64-a of the alcoholic
beverage control law, as amended by chapter 177 of the laws of 1996,  is
amended to read as follows:
  (d)  Notwithstanding  the provisions of subparagraph (ii) of paragraph
(a) of this subdivision, the authority may issue a  retail  license  for
on-premises  consumption  for  a  premises  which  shall  be within five
hundred feet of three or more existing premises licensed  and  operating
pursuant  to  the provisions of this section if, after consultation with
the municipality 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. 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 operating
and licensed pursuant to this section.    NO  LICENSE  SHALL  BE  ISSUED
PURSUANT TO THIS SECTION UNTIL AT LEAST SIXTY DAYS AFTER THE APPROPRIATE
COMMUNITY BOARD HAS BEEN NOTIFIED.
  S  6.  Subdivision 3 of section 64-c of the alcoholic beverage control
law, as added by chapter 538 of the laws of 1997, is amended to read  as
follows:
  3.  Upon receipt of an original or a renewal application for a license
under this section, 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,  where  it  is  presently
located [not less than thirty days prior to the submission of its appli-
cation  for a license under this section or for a renewal thereof].  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 jurisdiction 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  commu-
nity  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 authority  makes its determination to
grant or deny such license.  IN THE CITY OF NEW YORK,  NO  SUCH  LICENSE

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SHALL  BE ISSUED NEW, RENEWED OR ALTERED UNTIL AT LEAST SIXTY DAYS AFTER
THE APPROPRIATE COMMUNITY BOARD HAS BEEN NOTIFIED.
  S  7. Paragraph (c) of subdivision 11 of section 64-c of the alcoholic
beverage control law, as added by chapter 538 of the laws  of  1997,  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  which  shall be within five hundred feet of three or more
existing premises licensed and operating pursuant to the  provisions  of
this  section  or section sixty-four or sixty-four-a 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.   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 where three or more
premises are operating and licensed pursuant to this section or  section
sixty-four  or sixty-four-a of this article.  NO LICENSE SHALL BE ISSUED
PURSUANT TO THIS SECTION UNTIL AT LEAST SIXTY DAYS AFTER THE APPROPRIATE
COMMUNITY BOARD HAS BEEN NOTIFIED.
  S 8. Subdivision 3 of section 64-d of the alcoholic  beverage  control
law,  as added by chapter 602 of the laws of 1999, is amended to read as
follows:
  3. Upon receipt of an original or a renewal application for a  license
under this section, 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, 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].
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 jurisdiction 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 authority makes its determi-
nation to grant or deny such license.  NO SUCH LICENSE SHALL  BE  ISSUED
NEW,  RENEWED OR ALTERED UNTIL AT LEAST SIXTY DAYS AFTER THE APPROPRIATE
COMMUNITY BOARD HAS BEEN NOTIFIED.
  S 9. 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

A. 6283                             5

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.  NO SUCH LICENSE
SHALL BE ISSUED NEW, RENEWED OR ALTERED UNTIL AT LEAST SIXTY DAYS  AFTER
THE APPROPRIATE COMMUNITY BOARD HAS BEEN NOTIFIED.
  S 10. This act shall take effect immediately.