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.