senate Bill S39A

Requires the posting of notice by certain establishments upon the submission of an application or application for renewal for a liquor license to sell liquor

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Bill Status


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

  • 05 / Jan / 2011
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 14 / Mar / 2011
    • AMEND AND RECOMMIT TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 14 / Mar / 2011
    • PRINT NUMBER 39A
  • 04 / Jan / 2012
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Summary

Requires the posting of notice by certain establishments upon the submission of an application or application for renewal for a liquor license to sell liquor; requires an applicant seeking or renewing a license to sell liquor at retail for consumption on the premises, a special license to sell liquor at retail on premises, a license to sell liquor on premises of a bottle club, license to manufacture and sell in a restaurant/brewer, or license to sell liquor on premises at a cabaret to post notice of such to the community or community board with jurisdiction over the area in which the licensed establishment is located to ensure the opportunity to participate in the licensing process.

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Bill Details

See Assembly Version of this Bill:
A3594A
Versions:
S39
S39A
Legislative Cycle:
2011-2012
Current Committee:
Senate Investigations And Government Operations
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd ยง100, ABC L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S4141, A2624
2007-2008: A4584

Sponsor Memo

BILL NUMBER:S39A

TITLE OF BILL:
An act
to amend the alcoholic beverage control law, in relation to procedures
associated with issuing licenses to sell
liquor for consumption

PURPOSE OR GENERAL IDEA OF BILL:
Requires the posting of notice by
certain establishments upon the submission of an application or
application for renewal for a liquor license to sell liquor.

SUMMARY OF SPECIFIC PROVISIONS:
The alcoholic beverage control law is
amended by adding a new subdivision to chapter 256 of the laws of
1978. This subdivision requires posting within ten days after filing
a new or renewal application to sell liquor at retail. This notice
will remain posted until the date of the hearing or public meeting
specified in such notice. The posting shall specify the application
date, the type of license, the identification number and how to
contact the State Liquor Authority to give a response to the
application. This posting will be of the form prescribed by the
authority either printed or highlighted stating new or renewal for a
liquor license to sell liquor. The applicant will insure that the
notice will remain posted in a conspicuous place at the entrance to
the establishment or proposed establishment where it can be easily
read by passers-by throughout the pendency of the application. These
provisions will only apply to where no retail liquor license has been
previously granted. This will not be applicable to a proposed sale of
an existing business engaged in the retail sale of liquor. Within ten
days of the applicant's receipt of a written request from the
authority, the applicant shall repost such
notice.

JUSTIFICATION:
A majority of licensed premises which serve alcohol and
beer operate as good neighbors. However, there are some
establishments which have caused numerous problems for their
neighbors. In some instances, licensees have exhibited a pattern of
disregard of their patrons' disorderly behavior which repeatedly
disturbs the neighborhoods in which they are located. In others, loud
music emanating from establishments prevents residents from getting a
good night's sleep. The effect of these problem bars in
densely-developed, mixed-use areas is often magnified as residents
live in close proximity to licensed establishments.

While problem bars have led neighbors to make complaints to owners of
establishments and the police, residents are often unfamiliar with
the timeframe in which they may express their complaints and share
their experiences with the State Liquor Authority. Consequently, many
individuals miss these opportunities to express their concerns while
the State Liquor Authority is considering an establishment's
application for a new liquor license or a renewal of a liquor license.


This legislation requires that all establishments post clear notice
when they apply for a new, or renewal liquor license. In addition,
establishments are mandated to post notice of State Liquor Authority
hearings involving their establishment. In this way, the public will
be alerted to upcoming opportunities to bring their issues and
concerns about problem establishments to the attention of the State
Liquor Authority.

Since community members must live with the consequences of problem
establishments, it is essential that they be aware of opportunities
to express their concerns directly to the State Liquor Authority.
Improving public notice will also help provide the State Liquor
Authority with a fuller picture of the impact of problem
establishments, so that the liquor license decisions that they make
will better reflect the totality of circumstances.

PRIOR LEGISLATIVE HISTORY:
2006: A.10049, Reported from Economic Development and
Referred to Codes.
2007-08: A.4584 Third Reading Cal.974.
2009-10: Referred to Economic Development, Referred to
Codes, Rules Report Cal. 64, Ordered to Third Reading Cal. 64.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect on the ninetieth day after
it shall become law and shall apply to all applications or
applications for renewal made under section 64, 64-a, 64-b, 64-c,
64-d of the alcohol beverage control law with the state liquor
authority on or after such effective date; provided that any rules or
regulations necessary or convenient to implement the provisions of
the act are authorized to be promulgated on or before such
effective date.

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

                                  39--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment  Operations  --  committee  discharged,  bill  amended,   ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
  procedures  associated  with  issuing  licenses  to  sell  liquor  for
  consumption

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

  Section 1.  Subdivision 7 of section 100  of  the  alcoholic  beverage
control law, as added by chapter 256 of the laws of 1978, is amended and
a new subdivision 8 is added to read as follows:
  7.  Within  ten  days after filing a new application to sell liquor at
retail under section sixty-three[, sixty-four,  sixty-four-a  or  sixty-
four-b] of this chapter, a notice thereof, in the form prescribed by the
authority,  shall  be  posted by the applicant in a conspicuous place at
the entrance to the proposed premises. The applicant shall make  reason-
able  efforts  to  insure such notice shall remain posted throughout the
pendency of the application. The  provisions  hereof  shall  apply  only
where  no  retail  liquor  license  has  previously been granted for the
proposed premise  and  shall,  specifically,  not  be  applicable  to  a
proposed  sale  of  an  existing  business engaged in the retail sale of
liquor. The authority may adopt such rules AS it may deem  necessary  to
carry out the purpose of this subdivision.
  8.  (A)  WITHIN TEN DAYS AFTER FILING A NEW APPLICATION OR AN APPLICA-
TION FOR RENEWAL TO SELL LIQUOR UNDER SECTION SIXTY-FOUR,  SIXTY-FOUR-A,
SIXTY-FOUR-B,  SIXTY-FOUR-C  OR  SIXTY-FOUR-D  OF THIS CHAPTER, A NOTICE
THEREOF SHALL BE POSTED BY THE APPLICANT IN A CONSPICUOUS PLACE  AT  THE
ENTRANCE  TO THE ESTABLISHMENT OR PROPOSED ESTABLISHMENT WHERE IT CAN BE
EASILY READ BY PASSERS-BY. SAID NOTICE SHALL BE IN A FORM PRESCRIBED  BY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00121-04-1

S. 39--A                            2

THE AUTHORITY, PROVIDED HOWEVER THAT SAID NOTICE SHALL BE EITHER PRINTED
OR HIGHLIGHTED IN A PINK INK OF A NEON, LUMINOUS OR FLUORESCENT VARIETY.
THE  NOTICE SHALL SPECIFY THE APPLICATION DATE, THE TYPE OF LICENSE, THE
IDENTIFICATION  NUMBER  AND HOW TO CONTACT THE STATE LIQUOR AUTHORITY TO
GIVE A RESPONSE TO THE APPLICATION.  THE APPLICANT SHALL MAKE REASONABLE
EFFORTS TO INSURE SUCH NOTICE SHALL REMAIN POSTED THROUGHOUT THE PENDEN-
CY OF SUCH APPLICATION.   ADDITIONALLY, WITHIN TEN DAYS  OF  THE  APPLI-
CANT'S  RECEIPT  OF  A WRITTEN REQUEST FROM THE AUTHORITY, THE APPLICANT
SHALL RE-POST SUCH NOTICE.  THE AUTHORITY MAY ADOPT SUCH RULES AS IT MAY
DEEM NECESSARY TO CARRY OUT THE PURPOSE OF THIS PARAGRAPH.
  (B) WITHIN TEN DAYS OF THE APPLICANT'S RECEIPT OF WRITTEN NOTICE OF  A
HEARING  SCHEDULED  PURSUANT  TO  SECTION  SIXTY-FOUR,  SIXTY-FOUR-A  OR
SIXTY-FOUR-C OF THIS CHAPTER, THE APPLICANT SHALL POST A  COPY  OF  SUCH
NOTICE  IN  A  CONSPICUOUS PLACE AT THE ENTRANCE TO THE ESTABLISHMENT OR
PROPOSED ESTABLISHMENT WHERE IT CAN BE EASILY READ BY  PASSERS-BY.  THIS
NOTICE  SHALL  INCLUDE  IN CLEAR AND CONCISE LANGUAGE A STATEMENT OF THE
USE AND CAPACITY OF THE ESTABLISHMENT. THE APPLICANT SHALL MAKE  REASON-
ABLE EFFORTS TO INSURE SUCH NOTICE SHALL REMAIN POSTED UNTIL THE DATE OF
THE  HEARING  OR  PUBLIC MEETING SPECIFIED IN SUCH NOTICE. ADDITIONALLY,
WITHIN TEN DAYS OF THE APPLICANT'S RECEIPT OF A WRITTEN REQUEST FROM THE
AUTHORITY, THE APPLICANT SHALL RE-POST SUCH NOTICE.   THE AUTHORITY  MAY
ADOPT  SUCH  RULES  AS IT MAY DEEM NECESSARY TO CARRY OUT THE PURPOSE OF
THIS PARAGRAPH.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have  become  a  law and shall apply to all applications or applications
for renewal made under section 64, 64-a, 64-b, 64-c or 64-d of the alco-
holic beverage control law for a license to sell liquor for  consumption
that  are  pending before or filed with the state liquor authority on or
after such effective date; provided, however, that effective  immediate-
ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
necessary for the implementation of this act on its effective  date  are
authorized  and  directed  to  be  made  and completed on or before such
effective date.

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