senate Bill S3077

Requires the state liquor authority to make available on its automated public license query website and database information pertaining to any conditions it imposes

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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

  • 29 / Jan / 2013
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 07 / May / 2013
    • 1ST REPORT CAL.574
  • 08 / May / 2013
    • 2ND REPORT CAL.
  • 20 / May / 2013
    • ADVANCED TO THIRD READING
  • 21 / Jun / 2013
    • COMMITTED TO RULES
  • 08 / Jan / 2014
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Summary

Requires the state liquor authority to make available on its automated public license query website and database information pertaining to any conditions it imposes on a licensed premises.

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Bill Details

See Assembly Version of this Bill:
A6073
Versions:
S3077
Legislative Cycle:
2013-2014
Current Committee:
Senate Investigations And Government Operations
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Add §110-c, ABC L

Votes

7
1
7
Aye
1
Nay
1
aye with reservations
0
absent
0
excused
0
abstained
show Investigations and Government Operations committee vote details

Sponsor Memo

BILL NUMBER:S3077

TITLE OF BILL: An act to amend the alcoholic beverage control law, in
relation to requiring the state liquor authority to make available on
its automated public license query website and database information
pertaining to any conditions it imposes on a licensed premises

PURPOSE: To insure that the State Liquor Authority (SLA) maintains on
its website public information regarding the method of operations of
establishments under its jurisdiction.

SUMMARY OF PROVISIONS:

Section One of the alcoholic beverage control law is amended by adding
a new section 110-c to create a public license query website and
database which, in addition to the information currently available to
the public on such website, contain information pertaining to any
conditions it imposes on premises holding a license issued by the
authority pursuant to this chapter, including but not limited to
information pertaining to the hours during which the licensed premises
is allowed to operate, the maximum permitted occupancy of the licensed
premises and any special conditions imposed by the authority on the
licensed premises.

EXISTING LAW: New law.

JUSTIFICATION: On-premises licenses issued by the State Liquor
Authority list details of the "Method of Operation" of the premises,
including: days and hours of operation, whether live music or dancing
is permitted, if the premises includes an outside area, etc.
Disturbingly, there is no repository of information where members of
the public can access this Method of Operation information. As a
result, local residents, businesses and other interested parties have
no way of determining the specifics of an SLA on-premises license, for
example, what hours the establishment is permitted to stay open or
whether anything other than background music - such as a disc jockey -
is permitted. The only option for the public to learn this information
is through filing a Freedom of Information Law (FOIL) request, which
is a time consuming and lengthy process.

Equally troubling is that local police precincts do not have the
details of SLA on-premises licenses either. This means that when the
police answer a complaint about a noisy bar, there is no way for an
officer to determine whether the establishment is in compliance with
its on-premises license terms, such as hours of operation or whether
it can have a DJ.

The State Liquor Authority has recently taken measures to become more
transparent by listing the identity of license holders in local
communities on a publicly available website. The next step is to
require that the relevant information about these licenses be publicly
available on the SLA website as well, and to maintain a continuously
updated database.

LEGISLATIVE HISTORY: New Bill


FISCAL IMPLICATIONS: To be determined

LOCAL FISCAL IMPLICATIONS: Minimal

EFFECTIVE DATE: This act shall take effect on the thirtieth day after
it shall have become law.

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

                                  3077

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 29, 2013
                               ___________

Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
  requiring  the  state  liquor authority to make available on its auto-
  mated public license query website and database information pertaining
  to any conditions it imposes on a licensed premises

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

  Section  1.  The alcoholic beverage control law is amended by adding a
new section 110-c to read as follows:
  S 110-C. PUBLIC LICENSE QUERY. THE AUTHORITY SHALL MAKE  AVAILABLE  ON
ITS  AUTOMATED PUBLIC LICENSE QUERY WEBSITE AND DATABASE, IN ADDITION TO
THE INFORMATION CURRENTLY AVAILABLE  TO  THE  PUBLIC  ON  SUCH  WEBSITE,
INFORMATION  PERTAINING TO ANY CONDITIONS IT IMPOSES ON A PREMISES HOLD-
ING A LICENSE ISSUED BY THE AUTHORITY PURSUANT TO THIS CHAPTER,  INCLUD-
ING  BUT NOT LIMITED TO INFORMATION PERTAINING TO THE HOURS DURING WHICH
THE LICENSED PREMISES IS ALLOWED TO OPERATE, THE MAXIMUM PERMITTED OCCU-
PANCY OF THE LICENSED PREMISES, AND ANY SPECIAL  CONDITIONS  IMPOSED  BY
THE AUTHORITY ON THE LICENSED PREMISES.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08339-01-3

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