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

                                  6451

                            I N  S E N A T E

                            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

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

                                                           LBD15227-01-0

S. 6451                             2

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.