senate Bill S2555A

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:
A3337A
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:S2555A

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 estab-
lishments 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 popu-
lations 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, 2015.

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

                                 2555--A

                       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  --  recommitted to the Committee on
  Commerce, Economic Development and Small Business in  accordance  with
  Senate  Rule  6, sec. 8 -- 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
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06782-02-4

S. 2555--A                          2

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
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, 2015.

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