senate Bill S575

Signed by Governor

Revises procedures for issuance of liquor licenses for on-premises consumption for premises within 500 feet of 3 or more existing premises

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Bill Status


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

  • 05 / Jan / 2011
    • REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
  • 04 / Jan / 2012
    • REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
  • 18 / Jan / 2012
    • 1ST REPORT CAL.36
  • 19 / Jan / 2012
    • 2ND REPORT CAL.
  • 23 / Jan / 2012
    • ADVANCED TO THIRD READING
  • 14 / Feb / 2012
    • PASSED SENATE
  • 14 / Feb / 2012
    • DELIVERED TO ASSEMBLY
  • 14 / Feb / 2012
    • REFERRED TO ECONOMIC DEVELOPMENT
  • 30 / May / 2012
    • SUBSTITUTED FOR A584A
  • 30 / May / 2012
    • ORDERED TO THIRD READING CAL.498
  • 30 / May / 2012
    • PASSED ASSEMBLY
  • 30 / May / 2012
    • RETURNED TO SENATE
  • 06 / Jul / 2012
    • DELIVERED TO GOVERNOR
  • 18 / Jul / 2012
    • SIGNED CHAP.185

Summary

Revises procedures regarding the issuance of retail and special retail liquor, bottle club, restaurant-brewer and cabaret licenses for on-premises consumption for premises located within 500 feet of 3 or more existing premises in cities, towns and villages of twenty thousand or more; provides that the hearing which the authority is required to hold before issuing such a license may be rescheduled, adjourned or continued and that the authority must give notice to the applicant and the municipality or community board of such rescheduled, adjourned or continued hearing; and provides that the authority or commissioners thereof may also hold a public meeting in connection with issuance of such a license which may also be rescheduled, adjourned or continued, and that the authority must give notice to the applicant and the municipality or community board of the meeting including any rescheduled, adjourned or continued meeting.

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Bill Details

See Assembly Version of this Bill:
A584A
Versions:
S575
Legislative Cycle:
2011-2012
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd ยงยง64, 64-a, 64-b, 64-c & 64-d, ABC L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S5508A, A3827A, S5508A
2011-2012: S575
2007-2008: A1959

Sponsor Memo

BILL NUMBER:S575

TITLE OF BILL:

An act
to amend the alcoholic beverage control law, in relation to procedures
associated with issuing retail, special retail, bottle club,
restaurant-brewer and cabaret
licenses to sell
liquor for on-premises consumption regarding premises located within
five hundred feet of three or more existing premises in cities, towns
and villages having a population of twenty thousand or more

PURPOSE OR GENERAL IDEA OF BILL:

This bill revises procedures for the issuance of retail licenses and
special retail licenses for on-premises consumption for premises
within five hundred feet of three or more existing premises.

SUMMARY OF SPECIFIC PROVISIONS:

Paragraph (f) of subdivision 7 of section 64, paragraph (d) of
subdivision 7 of section 64-a, paragraph (c) of subdivision 5 of
section 64-b, paragraph (c) of subdivision 11 of section 64-c, and
paragraph (e) of subdivision 8 of section 64-d of the alcoholic
beverage control law, as amended by chapter 463 of the laws of 2009
are amended as follows:

The hearing may be rescheduled, adjourned or continued, and the
authority shall give notice to the applicant and the municipality or
community board of any such rescheduled, adjourned or continued
hearing. Before the authority issues any said license, the authority
or one or more of the commissioners thereof may, in addition to the
hearing required by this paragraph, also conduct a public meeting
regarding said license, upon notice to the applicant and the
municipality or community board. The public meeting may be
rescheduled, adjourned or continued, and the authority shall give
notice to the applicant and the municipality or community board of
any such rescheduled, adjourned or continued public meeting.

JUSTIFICATION:

The State Liquor Authority is prohibited from issuing a retail license
for on-premises consumption to any establishment to be located within
five hundred feet of three or more licensed and operating
establishments, this prohibition is commonly referred to as the five
hundred foot rule. The five hundred foot rule was enacted to
alleviate the problems caused by the over-saturation of residential
neighborhoods by late night bars and clubs. The five hundred foot
rule may be waived, however, if, after consultation with the
community board, the Liquor Authority determines

that issuing such a license would be in the public interest. A
public hearing must be conducted before the Liquor Authority can
issue any such license during which the community must be provided an
opportunity to present oral testimony on the application.

While the Liquor Authority must provide notice of the five hundred
foot hearing to the municipality or community board, it is not
required to provide notice of subsequent meetings on the application.
Specifically, it need not provide notice to the community of its
final meeting on the application during which it decides whether to
grant the license. This measure would require the Liquor Authority to
provide written notice to the municipality or community board of all
subsequent meetings on the application, as it is imperative that the
community be provided an opportunity to weigh in on the application
during the decision making period.

PRIOR LEGISLATIVE HISTORY:

2010 - S.5508 Passed Senate
2009 - A.3827 Passed Assembly
2008 - A.1959 Passed Assembly
2006 - A.1628 Passed Assembly
2004 - A.248 Referred to Economic Development
2002 - S.4775 Referred to Commerce & Economic Development -
A.594 Passed Assembly

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect 180 days after it shall have become a law.

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

                                   575

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens. KLEIN, HASSELL-THOMPSON, KRUEGER -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Commerce, Economic Development and Small Business

AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
  procedures associated with  issuing  retail,  special  retail,  bottle
  club,  restaurant-brewer  and  cabaret  licenses  to  sell  liquor for
  on-premises consumption regarding premises located within five hundred
  feet of three or more existing premises in cities, towns and  villages
  having a population of twenty thousand or more

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

  Section 1. Paragraph (f) of subdivision 7 of section 64 of  the  alco-
holic  beverage  control  law,  as amended by chapter 463 of the laws of
2009, is amended to read as follows:
  (f) Notwithstanding the provisions of paragraph (b) of  this  subdivi-
sion,  the  authority may issue a license pursuant to this section for a
premises which shall be within five hundred feet of three or more exist-
ing premises  licensed  and  operating  pursuant  to  this  section  and
sections  sixty-four-a,  sixty-four-b, sixty-four-c, and/or sixty-four-d
of this article if, after consultation with the municipality or communi-
ty board, it determines that granting  such  license  would  be  in  the
public  interest.  Before  it  may issue any such license, the authority
shall conduct a hearing, upon notice to the applicant  and  the  munici-
pality  or  community  board, and shall state and file in its office its
reasons therefor.  THE HEARING MAY BE RESCHEDULED, ADJOURNED OR  CONTIN-
UED,  AND THE AUTHORITY SHALL GIVE NOTICE TO THE APPLICANT AND THE MUNI-
CIPALITY OR COMMUNITY  BOARD  OF  ANY  SUCH  RESCHEDULED,  ADJOURNED  OR
CONTINUED  HEARING.    BEFORE THE AUTHORITY ISSUES ANY SAID LICENSE, THE
AUTHORITY OR ONE OR MORE OF THE COMMISSIONERS THEREOF MAY,  IN  ADDITION
TO THE HEARING REQUIRED BY THIS PARAGRAPH, ALSO CONDUCT A PUBLIC MEETING

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03488-02-1

S. 575                              2

REGARDING  SAID  LICENSE,  UPON  NOTICE TO THE APPLICANT AND THE MUNICI-
PALITY OR COMMUNITY  BOARD.  THE  PUBLIC  MEETING  MAY  BE  RESCHEDULED,
ADJOURNED  OR  CONTINUED,  AND  THE  AUTHORITY  SHALL GIVE NOTICE TO THE
APPLICANT  AND  THE MUNICIPALITY OR COMMUNITY BOARD OF ANY SUCH RESCHED-
ULED, ADJOURNED OR CONTINUED PUBLIC MEETING. Notice to the  municipality
or  community board shall mean written notice mailed by the authority to
such municipality or community board at least fifteen days in advance of
any hearing scheduled pursuant to this paragraph. Upon  the  request  of
the authority, any municipality or community board may waive the fifteen
day notice requirement. No premises having been granted a license pursu-
ant  to  this section shall be denied a renewal of such license upon the
grounds that such premises are within five hundred feet of a building or
buildings wherein three or more  premises  are  licensed  and  operating
pursuant  to  this  section  and  sections  sixty-four-a,  sixty-four-b,
sixty-four-c, and/or sixty-four-d of this article.
  S 2. Paragraph (d) of subdivision 7 of section 64-a of  the  alcoholic
beverage  control law, as amended by chapter 463 of the laws of 2009, is
amended to read as follows:
  (d) Notwithstanding the provisions of subparagraph (ii)  of  paragraph
(a)  of  this subdivision, the authority may issue a license pursuant to
this section for a premises which shall be within five hundred  feet  of
three  or more existing premises licensed and operating pursuant to this
section and  sections  sixty-four,  sixty-four-b,  sixty-four-c,  and/or
sixty-four-d  of  this  article  if, after consultation with the munici-
pality or community board, it  determines  that  granting  such  license
would  be  in the public interest. Before it may issue any such license,
the authority shall conduct a hearing, upon notice to the applicant  and
the  municipality  or  community  board, and shall state and file in its
office its reasons therefor. Notice to  the  municipality  or  community
board  shall mean written notice mailed by the authority to such munici-
pality or community board at least fifteen days in advance of any  hear-
ing  scheduled  pursuant  to  this  paragraph.  Upon  the request of the
authority, any municipality or community board may waive the fifteen day
notice requirement.   THE  HEARING  MAY  BE  RESCHEDULED,  ADJOURNED  OR
CONTINUED,  AND THE AUTHORITY SHALL GIVE NOTICE TO THE APPLICANT AND THE
MUNICIPALITY OR COMMUNITY BOARD OF ANY SUCH  RESCHEDULED,  ADJOURNED  OR
CONTINUED  HEARING.    BEFORE THE AUTHORITY ISSUES ANY SAID LICENSE, THE
AUTHORITY OR ONE OR MORE OF THE COMMISSIONERS THEREOF MAY,  IN  ADDITION
TO THE HEARING REQUIRED BY THIS PARAGRAPH, ALSO CONDUCT A PUBLIC MEETING
REGARDING  SAID  LICENSE,  UPON  NOTICE TO THE APPLICANT AND THE MUNICI-
PALITY OR COMMUNITY  BOARD.  THE  PUBLIC  MEETING  MAY  BE  RESCHEDULED,
ADJOURNED  OR  CONTINUED,  AND  THE  AUTHORITY  SHALL GIVE NOTICE TO THE
APPLICANT AND THE MUNICIPALITY OR COMMUNITY BOARD OF ANY  SUCH  RESCHED-
ULED,  ADJOURNED  OR  CONTINUED  PUBLIC MEETING. No premises having been
granted a license pursuant to this section shall be denied a renewal  of
such license upon the grounds that such premises are within five hundred
feet  of  a  building  or  buildings  wherein three or more premises are
licensed and operating pursuant to this section and sections sixty-four,
sixty-four-b, sixty-four-c, and/or sixty-four-d of this article.
  S 3. Paragraph (c) of subdivision 5 of section 64-b of  the  alcoholic
beverage  control law, as amended by chapter 463 of the laws of 2009, is
amended to read as follows:
  (c) Notwithstanding the provisions of subparagraph (ii)  of  paragraph
(a)  of  this subdivision, the authority may issue a license pursuant to
this section for a premises which shall be within five hundred  feet  of
three  or more existing premises licensed and operating pursuant to this

S. 575                              3

section and  sections  sixty-four,  sixty-four-a,  sixty-four-c,  and/or
sixty-four-d  of  this  article  if, after consultation with the munici-
pality or community board, it  determines  that  granting  such  license
would  be  in the public interest. Before it may issue any such license,
the authority shall conduct a hearing, upon notice to the applicant  and
the  municipality  or  community  board, and shall state and file in its
office its reasons therefor.  THE HEARING MAY BE RESCHEDULED,  ADJOURNED
OR  CONTINUED,  AND THE AUTHORITY SHALL GIVE NOTICE TO THE APPLICANT AND
THE MUNICIPALITY OR COMMUNITY BOARD OF ANY SUCH  RESCHEDULED,  ADJOURNED
OR CONTINUED HEARING.  BEFORE THE AUTHORITY ISSUES ANY SAID LICENSE, THE
AUTHORITY  OR  ONE OR MORE OF THE COMMISSIONERS THEREOF MAY, IN ADDITION
TO THE HEARING REQUIRED BY THIS PARAGRAPH, ALSO CONDUCT A PUBLIC MEETING
REGARDING SAID LICENSE, UPON NOTICE TO THE  APPLICANT  AND  THE  MUNICI-
PALITY  OR  COMMUNITY  BOARD.  THE  PUBLIC  MEETING  MAY BE RESCHEDULED,
ADJOURNED OR CONTINUED, AND THE  AUTHORITY  SHALL  GIVE  NOTICE  TO  THE
APPLICANT  AND  THE MUNICIPALITY OR COMMUNITY BOARD OF ANY SUCH RESCHED-
ULED, ADJOURNED OR CONTINUED PUBLIC MEETING. Notice to the  municipality
or  community board shall mean written notice mailed by the authority to
such municipality or community board at least fifteen days in advance of
any hearing scheduled pursuant to this paragraph. Upon  the  request  of
the authority, any municipality or community board may waive the fifteen
day notice requirement. No premises having been granted a license pursu-
ant  to  this section shall be denied a renewal of such license upon the
grounds that such premises are within five hundred feet of a building or
buildings wherein three or more  premises  are  licensed  and  operating
pursuant  to  this section and sections sixty-four, sixty-four-a, sixty-
four-c, and/or sixty-four-d of this article.
  S 4. Paragraph (c) of subdivision 11 of section 64-c of the  alcoholic
beverage  control law, as amended by chapter 463 of the laws of 2009, is
amended to read as follows:
  (c) Notwithstanding the provisions of subparagraph (ii)  of  paragraph
(a)  of  this subdivision, the authority may issue a license pursuant to
this section for a premises which shall be within five hundred  feet  of
three  or more existing premises licensed and operating pursuant to this
section  and  sections  sixty-four,  sixty-four-a,  sixty-four-b  and/or
sixty-four-d  of  this  article  if, after consultation with the munici-
pality or community board, it  determines  that  granting  such  license
would  be  in the public interest. Before it may issue any such license,
the authority shall conduct a hearing, upon notice to the applicant  and
the  municipality  or  community  board, and shall state and file in its
office its reasons therefor.  THE HEARING MAY BE RESCHEDULED,  ADJOURNED
OR  CONTINUED,  AND THE AUTHORITY SHALL GIVE NOTICE TO THE APPLICANT AND
THE MUNICIPALITY OR COMMUNITY BOARD OF ANY SUCH  RESCHEDULED,  ADJOURNED
OR CONTINUED HEARING.  BEFORE THE AUTHORITY ISSUES ANY SAID LICENSE, THE
AUTHORITY  OR  ONE OR MORE OF THE COMMISSIONERS THEREOF MAY, IN ADDITION
TO THE HEARING REQUIRED BY THIS PARAGRAPH, ALSO CONDUCT A PUBLIC MEETING
REGARDING SAID LICENSE, UPON NOTICE TO THE  APPLICANT  AND  THE  MUNICI-
PALITY  OR  COMMUNITY  BOARD.  THE  PUBLIC  MEETING  MAY BE RESCHEDULED,
ADJOURNED OR CONTINUED, AND THE  AUTHORITY  SHALL  GIVE  NOTICE  TO  THE
APPLICANT  AND  THE MUNICIPALITY OR COMMUNITY BOARD OF ANY SUCH RESCHED-
ULED, ADJOURNED OR CONTINUED PUBLIC MEETING. Notice to the  municipality
or  community board shall mean written notice mailed by the authority to
such municipality or community board at least fifteen days in advance of
any hearing scheduled pursuant to this paragraph. Upon  the  request  of
the authority, any municipality or community board may waive the fifteen
day notice requirement. No premises having been granted a license pursu-

S. 575                              4

ant  to  this section shall be denied a renewal of such license upon the
grounds that such premises are within five hundred feet of a building or
buildings wherein three or more  premises  are  operating  and  licensed
pursuant  to  this  section or sections sixty-four, sixty-four-a, sixty-
four-b and/or sixty-four-d of this article.
  S 5. Paragraph (e) of subdivision 8 of section 64-d of  the  alcoholic
beverage  control law, as amended by chapter 463 of the laws of 2009, is
amended to read as follows:
  (e) notwithstanding the provisions of paragraph (b) of  this  subdivi-
sion,  the  authority may issue a license pursuant to this section for a
premises which shall be within five hundred feet of an existing premises
licensed and operating pursuant to the provisions  of  this  section  or
within five hundred feet of three or more existing premises licensed and
operating   pursuant   to   this   section   and   sections  sixty-four,
sixty-four-a, sixty-four-b, and/or  sixty-four-c  of  this  article  if,
after  consultation  with the municipality or community board, it deter-
mines that granting such  license  would  be  in  the  public  interest.
Before  it  may  issue  any  such license, the authority shall conduct a
hearing, upon notice to the applicant and the municipality or  community
board, and shall state and file in its office its reasons therefor.  THE
HEARING  MAY  BE  RESCHEDULED, ADJOURNED OR CONTINUED, AND THE AUTHORITY
SHALL GIVE NOTICE TO THE APPLICANT AND  THE  MUNICIPALITY  OR  COMMUNITY
BOARD  OF  ANY SUCH RESCHEDULED, ADJOURNED OR CONTINUED HEARING.  BEFORE
THE AUTHORITY ISSUES ANY SAID LICENSE, THE AUTHORITY OR ONE OR  MORE  OF
THE  COMMISSIONERS  THEREOF  MAY, IN ADDITION TO THE HEARING REQUIRED BY
THIS PARAGRAPH, ALSO CONDUCT A PUBLIC MEETING  REGARDING  SAID  LICENSE,
UPON  NOTICE  TO  THE APPLICANT AND THE MUNICIPALITY OR COMMUNITY BOARD.
THE PUBLIC MEETING MAY BE RESCHEDULED, ADJOURNED OR CONTINUED,  AND  THE
AUTHORITY  SHALL  GIVE  NOTICE  TO THE APPLICANT AND THE MUNICIPALITY OR
COMMUNITY BOARD OF ANY SUCH RESCHEDULED, ADJOURNED OR  CONTINUED  PUBLIC
MEETING.  Notice to the municipality or community board shall mean writ-
ten notice mailed by the authority to  such  municipality  or  community
board at least fifteen days in advance of any hearing scheduled pursuant
to  this  paragraph. Upon the request of the authority, any municipality
or community board may waive the  fifteen  day  notice  requirement.  No
premises having been granted a license pursuant to this section shall be
denied a renewal of such license upon the grounds that such premises are
within  five hundred feet of an existing premises licensed and operating
pursuant to the provisions of this section or within five  hundred  feet
of  a  building or buildings wherein three or more premises are licensed
and operating pursuant to this section and sections  sixty-four,  sixty-
four-a, sixty-four-b, and/or sixty-four-c of this article.
  S 6. This act shall take effect on the one hundred eightieth day after
it  shall  have  become  a law and shall apply to all applications for a
retail license, special retail license,  bottle  club  license,  restau-
rant-brewer  license  or cabaret license, for on-premises consumption of
alcoholic beverages for premises within five hundred  feet  of  existing
licensed premises that are pending before or filed with the state liquor
authority  on  or  after such effective date.  Effective immediately any
rules or regulations necessary or convenient to implement the provisions
of this act are authorized to be promulgated on or before such effective
date.

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