senate Bill S3978

Requires license and renewal applicants to indicate the type of establishment to be operated

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Sponsor

Bill Status


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

  • 04 / Mar / 2013
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 30 / May / 2013
    • 1ST REPORT CAL.837
  • 03 / Jun / 2013
    • 2ND REPORT CAL.
  • 04 / Jun / 2013
    • ADVANCED TO THIRD READING
  • 05 / Jun / 2013
    • SUBSTITUTED BY A3869

Summary

Requires license and renewal applicants to indicate the type of establishment to be operated.

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Bill Details

See Assembly Version of this Bill:
A3869
Versions:
S3978
Legislative Cycle:
2013-2014
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd ยงยง110 & 109, ABC L

Votes

8
0
8
Aye
0
Nay
0
aye with reservations
0
absent
1
excused
0
abstained
show Investigations and Government Operations committee vote details

Sponsor Memo

BILL NUMBER:S3978

TITLE OF BILL: An act to amend the alcoholic beverage control law, in
relation to requiring license and renewal applicants to indicate the
type of establishment to be operated and prohibiting any form of
exotic dancing at licensed establishment premises

PURPOSE: To amend the alcoholic beverage control law to require
license and renewal applicants to adequately describe the type of
establishment to be operated, as well as to 1:4provide notice to
community boards of the type of business that is seeking a liquor
license in their community.

SUMMARY OF PROVISIONS: This bill amends subdivision 1 of section 110
of the alcoholic beverage control law to include a statement
indicating the type of establishment to be operated at the premises.
Such statement shall indicate the occurrence of topless entertainment
and/or exotic dancing whether topless or otherwise, including, but not
limited to, pole dancing and lap dancing, at the establishment.

JUSTIFICATION: Throughout the state, so called "bikini bars" are
opening and offering pole and lap-dances from women in their underwear
or bikinis. Under current law, an owner may open an establishment that
includes exotic dancing, provided these dancers are not topless,
without notification on their alcoholic beverage license. This
loophole has been exploited to pull the wool over the community's
eyes. This exploitation infringes on the very purpose of the community
input process. This policy change is necessary to protect
neighborhoods and allow their respective community boards to be fully
aware of the intentions of establishments seeking to provide adult
entertainment. By requiring further criteria to be indicated beyond
"topless dancing" on an alcoholic license application, communities
will be better prepared and have a larger amount of discretion in
deciding whether or not to allow such establishments to operate in
their neighborhoods.

The current ambiguity in the law invites abuse and allows these lewd
businesses to set up shop close to schools, parks, residences, and
senior centers.

LEGISLATIVE HISTORY: None

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect on the 60th day after it
becomes law.

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

                                  3978

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              March 4, 2013
                               ___________

Introduced  by  Sen. MAZIARZ -- 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  license  and  renewal  applicants  to  indicate the type of
  establishment to be operated and prohibiting any form of exotic  danc-
  ing at licensed establishment premises

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

  Section 1. Paragraphs (f), (g) and (h) of subdivision 1 of section 110
of the alcoholic beverage control law are relettered paragraphs (g), (h)
and (i) and a new paragraph (f) is added to read as follows:
  (F) A STATEMENT INDICATING THE TYPE OF ESTABLISHMENT TO BE OPERATED AT
THE PREMISES. SUCH STATEMENT SHALL INDICATE THE  OCCURRENCE  OF  TOPLESS
ENTERTAINMENT  AND/OR  EXOTIC  DANCING  WHETHER  TOPLESS  OR  OTHERWISE,
INCLUDING, BUT NOT LIMITED TO, POLE DANCING  AND  LAP  DANCING,  AT  THE
ESTABLISHMENT.
  S  2.  Subdivision  6 of section 110 of the alcoholic beverage control
law, as amended by chapter 114 of the laws of 2000, is amended  to  read
as follows:
  6.  The  authority  may  in its discretion waive the submission of any
category of information described in this section for  any  category  of
license  or permit, provided that it shall not be permitted to waive the
requirement for submission of any such category  of  information  solely
for  an  individual applicant or applicants AND PROVIDED FURTHER THAT NO
WAIVER OF PARAGRAPH (F) OF SUBDIVISION ONE  OF  THIS  SECTION  SHALL  BE
MADE.
  S  3.  Subdivision  1 of section 109 of the alcoholic beverage control
law, as amended by chapter 396 of the laws of 1995, is amended  to  read
as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07483-02-3

S. 3978                             2

  1.  Each  license  and permit, except a temporary permit effective for
one day only, issued pursuant to this chapter may be renewed upon appli-
cation therefor by the licensee or permittee  and  the  payment  of  the
annual  fee for such license or permit as prescribed by this chapter. In
the case of applications for renewals, the liquor authority may dispense
with the requirements of such statements as it deems unnecessary in view
of  those  contained in the application made for the original license or
permit[, but in any event the]; PROVIDED, HOWEVER,  THAT  NO  WAIVER  OF
PARAGRAPH  (F)  OF  SUBDIVISION  ONE  OF SECTION ONE HUNDRED TEN OF THIS
ARTICLE MAY BE MADE. THE submission of photographs of the licensed prem-
ises shall be dispensed with provided the  applicant  for  such  renewal
shall  file a statement with such authority to the effect that there has
been no alteration of such  premises  since  the  original  license  was
issued.  An  applicant  for a retail license for on-premises consumption
shall also submit to the authority a copy of the  valid  certificate  of
occupancy  or  such  other document issued by the local code enforcement
agency for the premises for which the original license was  issued.  The
liquor  authority may make such rules as may be necessary not inconsist-
ent with this chapter regarding applications for  renewals  of  licenses
and permits and the time for making the same.
  S  4.  This  act  shall take effect on the sixtieth day after it shall
have become a law; provided, however,  the  addition,  amendment  and/or
repeal  of  any  rule  or regulation necessary for the implementation of
this act on its effective date are authorized and directed  to  be  made
and completed on or before such effective date.

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