senate Bill S4161
(R, C, IP) 45th Senate District
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed by Governor
Establishes local notification requirements for premises for on premises consumption.
TITLE OF BILL:
to amend the alcoholic beverage control law, in relation to notification
requirements for applicants for licenses and licensees;
repeal certain provisions of such law relating to local notification
requirements for licensed premises
This bill would amend the provisions of the Alcoholic Beverage Control
Law with respect to municipal notification requirements for licensees
seeking to renew most on-premises retail licenses or to make
alterations to their licensed premises outside the City of New York,
as well as impose a notification requirement with respect to certain
corporate changes in the City of New York. The proposed amendments
would: remove the notification requirements for on-premises locations
outside the City of New York; require on-premises licensees located
in the City of New York to notify the appropriate community board of
their intent to obtain the Authority's approval of substantial
corporate changes; consolidate the remaining municipal notification
requirements into one section of the Alcoholic Beverage Control Law
and move that section so that it can be found with other related
sections of the law.
The bill would also abolish a distinction in the fee paid by licensees
for corporate change applications.
SUMMARY OF PROVISIONS:
Section 1 of the bill would renumber (as
section 110-b) and amend section 17-a of the Alcoholic Beverage
Control Law. The amendments to this subdivision would:
a) Consolidate the municipal notification requirements that are now
found in various sections of the Alcoholic Beverage Control Law;
b) Limit to locations in the City of New York, the municipal
notification requirements pertaining to licensees seeking to renew
on-premises retail licenses, or make alterations to such licensed
c) Expand on the information that is required to be included in the
notice for application sent to the municipality;
d) Add certain on-premises license classes that were inadvertently
excluded, to those license class subject to the municipal
e) require on-premises licensees in the City of New York to provide
community board notification prior to filing an application seeking
approval of a "substantial corporate change," which is defined as the
transfer or accumulation of ownership interest of 80% or more.
Section 2 of the bill would repeal the municipal notification
requirement now found in section 55 of the Alcoholic Beverage Control
Section 3 of the bill would repeal the municipal notification
requirement now found in section 64 of the Alcoholic Beverage Control
Section 4 of the bill would repeal the municipal notification
requirement now found in section 64-c of the Alcoholic Beverage
Section 5 of the bill would repeal the municipal notification
requirement now found in section 64-d of the Alcoholic Beverage
Section 6 of the bill would repeal the municipal notification
requirement now found in section 81 of the Alcoholic Beverage Control
Section 7 of the bill would amend subdivision 2 of section 99-d of the
Alcoholic Beverage Control Law to eliminate a difference in the
filing fee for a corporate change application based on the license
fee and also clarify that, notwithstanding a corporate change, the
licensed corporation is still bound by the representations made in
the original application.
Section 8 of the bill would repeal the municipal notification
requirement now found in section 109 of the Alcoholic Beverage
Section 9 of the bill would renumber subdivision 1-a of section 109 of
the Alcoholic Beverage Control Law as subdivision 2 in response to
the repeal to the current subdivision 2, as provided in section 7 of
Section 10 of this bill would make the amendments effective immediately.
Current provisions of the Alcoholic Beverage Control Law require
applicants for most on-premises licenses to notify the municipality
where the premises are located of the applicant's intent to file an
application with the Authority. Persons holding such on-premises
licenses are required to provide similar notice prior to filing an
application to renew the license or make alterations to the license
Corporations holding such licenses may obtain approval to make changes
to their corporate structure without notifying the municipality.
These changes sometimes consist of an entire turnover of officers,
directors and/or shareholders.
The changes proposed in this bill will accomplish five goals. First,
the bill would eliminate a burden on licensees located outside the
City of New York. The amendments would eliminate paperwork and the
thirty-day waiting period now required before renewal applications or
alteration applications can be submitted to the Authority. (Notice
requirements pertaining to initial license applications would be
unaffected.) Since municipalities other than the City of New York
rarely submit objections to renewals, the notification requirements
serve little, if any purpose for them.
Second, the bill would eliminate a burden on municipalities. Under
current law, renewal and alteration applications cannot be filed with
the Authority unless the municipality has been notified thirty days
in advance. Many applicants seek to have the municipality waive the
time period. As a result, municipalities that would otherwise not
object, or take no position with respect to an application, are asked
nonetheless to allocate resources to respond to such waiver requests.
Third, this bill would correct drafting errors that have omitted
certain on-premises license classes from the notification
requirement. Given the various provisions of the Alcoholic Beverage
Control Law, it appears that these omissions were inadvertent and the
Authority has been requiring those license classes to comply with the
Fourth, this bill would prevent previously unlicensed parties from
obtaining a license in the City of New York, without any notification
to community boards, by making changes to the existing corporate
Fifth, this bill would remove any doubt that a licensed corporation,
regardless of any change in ownership, is bound by the
representations made by the corporation when it applied for its
license. New ownership cannot use the approval of a corporate change
as a means to modified conditions placed on the operation of a
This is a new bill.
None. However, decreased paperwork submitted by applicants will
decrease the resources required by the Authority to process
This act shall take effect immediately.
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