senate Bill S2555

Amended

Amends license fees to sell liquor at retail for on premises consumption outside the city of New York to standardize such fees

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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

  • 22 / Jan / 2013
    • REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
  • 08 / Jan / 2014
    • REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
  • 27 / Jan / 2014
    • AMEND AND RECOMMIT TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
  • 27 / Jan / 2014
    • PRINT NUMBER 2555A

Summary

Amends license fees to sell liquor at retail for on premises consumption outside the city of New York to standardize such fees.

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Bill Details

See Assembly Version of this Bill:
A3337
Versions:
S2555
S2555A
Legislative Cycle:
2013-2014
Current Committee:
Senate Commerce, Economic Development And Small Business
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §66, ABC L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S4125A, A3135A
2009-2010: A2851A, A2851A
2007-2008: A3136, A3136

Sponsor Memo

BILL NUMBER:S2555

TITLE OF BILL:
An act
to amend the alcoholic beverage control law, in relation to license fees

PURPOSE: This bill would reduce license fees in
medium-sized cities
for establishments licensed to sell liquor for on-premise consumption
to match the fee charged in other communities outside the city of New
York.

SUMMARY OF PROVISIONS:

§ 1- Amends subdivision 4 of § 66 of the Alcoholic Beverage Control
Law to conform the liquor license fee for on-premise establishments
in cities with a population of 50,000 or more other than New York
City to the fee applicable in towns and smaller cities.

§ 2- Effective date.

JUSTIFICATION:
Enactment of this bill would reduce the financial burden on
restaurants and other hospitality businesses in medium-sized cities
and allow for greater economic growth in these communities.
While the existing fee may have at one time reflected greater
populations and attendant enforcement issues in cities, this is no
longer that case with the population shift to the suburbs. Currently,
a licensed establishment located in a smaller city must pay a higher
license fee then if it were located in a neighboring town with a
larger population. These higher fees discourage business investment
in downtown communities, while encouraging further sprawl development
in suburban areas.

LEGISLATIVE HISTORY:
2011-2012: A. 3135-A - Referred to Economic Development; S. 4125-A
Referred to Commerce, Economic Development and Small Business
2009-2010: A.2851-A - Referred to Economic Development
2007-2008: A.3136 - Referred to Economic Development
2005-2006: A.7676 - Referred to Economic Development
2003-2004: A.5907 - Referred to Economic Development; S.3395 -
Referred to Commerce, Economic Development and Small Business
2001-2002: A.8949 - Referred to Economic Development; S.5468 -
Referred to Commerce, Economic Development and Small Business

FISCAL IMPLICATIONS: Minimal.

EFFECTIVE DATE: This act shall take effect April 1,
2014.

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

                                  2555

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 22, 2013
                               ___________

Introduced  by  Sen.  MARCELLINO  -- 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
  license fees

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

  Section  1.  Subdivision  4  of  section  66 of the alcoholic beverage
control law, as amended by section 3 of part Z of chapter 85 of the laws
of 2002, is amended to read as follows:
  4. The annual fee for a license, under section  sixty-four  or  sixty-
four-a  OF  THIS ARTICLE, to sell liquor at retail to be consumed on the
premises where sold shall be twenty-one hundred seventy-six  dollars  in
the counties of New York, Kings, Bronx and Queens; fifteen hundred thir-
ty-six  dollars  in the county of Richmond [and in cities having a popu-
lation of more than one hundred thousand  and  less  than  one  million;
twelve  hundred  sixteen  dollars  in cities having a population of more
than fifty thousand and less than one hundred thousand]; and the sum  of
eight hundred ninety-six dollars elsewhere; except that the license fees
for  catering  establishments shall be two-thirds the license fee speci-
fied herein and for clubs, except luncheon clubs and golf  clubs,  shall
be seven hundred fifty dollars in counties of New York, Kings, Bronx and
Queens;  five  hundred  dollars  in the county of Richmond and in cities
having a population of more than one hundred thousand and less than  one
million;  three  hundred  fifty dollars in cities having a population of
more than fifty thousand and less than one hundred thousand; and the sum
of two hundred fifty dollars elsewhere. The  annual  fees  for  luncheon
clubs shall be three hundred seventy-five dollars, and for golf clubs in
the  counties  of  New  York, Kings, Bronx, Queens, Nassau, Richmond and
Westchester, two hundred fifty dollars, and elsewhere one hundred eight-
y-seven dollars and fifty cents.  Notwithstanding any other provision of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06782-01-3

S. 2555                             2

law to the contrary, there shall be no annual fee for a  license,  under
section  sixty-four  OF  THIS  ARTICLE,  to  sell liquor at retail to be
consumed on the premises where the applicant is an  organization  organ-
ized  under  section  two hundred sixty of the military law and incorpo-
rated pursuant to the not-for-profit corporation law.  Provided,  howev-
er,  that  where  any premises for which a license is issued pursuant to
section sixty-four or sixty-four-a of  this  article  remain  open  only
within the period commencing April first and ending October thirty-first
of  any one year, or only within the period commencing October first and
ending the following April thirtieth, the liquor authority may,  in  its
discretion,  grant  a  summer  or winter license effective only for such
appropriate period of time, for which a license fee shall be paid to  be
pro-rated  for  the  period  for which such license is effective, at the
rate provided for in the city, town or village in  which  such  premises
are located, except that no such license fee shall be less than one-half
of the regular annual license fee; provided further that where the prem-
ises  to  be  licensed are a race track or a golf course or are licensed
pursuant  to  section  sixty-four  or  sixty-four-a  of  this  [chapter]
ARTICLE,  the period of such summer license may commence March first and
end November thirtieth.
  Where a hotel, restaurant, club, golf course or  race  track  is  open
prior to April first and/or subsequent to October thirty-first by reason
of  the issuance of a caterer's permit or permits issued by the authori-
ty, such fact alone shall not affect the eligibility of the premises  or
the person owning or operating such hotel, restaurant, club, golf course
or race track for a summer license.
  S 2. This act shall take effect April 1, 2014.

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