senate Bill S2330

Provides that liquor authority may include certain terms and conditions as part of various licenses for on-premises consumption to assure premises lawfully operated

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 18 / Feb / 2009
    • REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
  • 06 / Jan / 2010
    • REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS

Summary

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Bill Details

See Assembly Version of this Bill:
A6657
Versions:
S2330
Legislative Cycle:
2009-2010
Current Committee:
Senate Commerce, Economic Development And Small Business
Law Section:
Alcoholic Beverage Control Law

Sponsor Memo

BILL NUMBER: S2330

TITLE OF BILL :

An act to amend the alcoholic beverage control law, in relation to
authorizing the imposition of certain terms and conditions as part of
certain licenses for on-premises consumption


PURPOSE :

The subject bill would allow the State Liquor Authority to include
certain terms and conditions as part of an on-premises liquor license,
assuring that the premise is lawfully operated.

SUMMARY OF PROVISIONS :

This bill amends six sections of the Alcoholic Beverage Control Law to
allow the SLA to include specific terms and conditions in an
on-premises liquor license, "for the purpose of assuring that the
licensed premises are operated in accordance with applicable law and
consistent with the public interest." Prior to including such terms
and conditions in a license, the SLA would consult with the applicant
and any party entitled to receive notice of the application (for
example, local governments or community boards). The terms and
conditions would then be legally enforceable in the same manner as
applicable provisions of this chapter or regulations of the SLA.

The bill adds the foregoing provisions to the sections relating to
various licenses for on-premises consumption: beer (§55), liquor
(§64), special licenses (§64-a), premises commonly known as bottle
clubs (§64-b), premises commonly known as a restaurant-brewer (§64-c),
and premises commonly known as a cabaret (§64-d).

JUSTIFICATION :

Communities are increasingly concerned about problem bars and clubs.
Problems can include noise far into the night, crowds, traffic,
vandalism, and violence. To respond to community concerns, it has
become increasingly common for the State Liquor Authority to add
conditions to liquor licenses. Applicants and community groups
negotiate stipulations relating to security provisions, whether
dancing will he allowed, etc.

However, under current law, the SLA is limited to penalizing the
licensee and then only if it can show that a stipulation was entered
into falsely.

This bill would overcome such a difficult burden and would give the
SLA authority to enforce terms and conditions as part of the liquor
license.

LEGISLATIVE HISTORY :

S.3601/A.5175 of 2007-08; S.2133 of 2005-06.

FISCAL IMPLICATIONS :

None.

EFFECTIVE DATE :
Immediately.
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