senate Bill S515

Prohibits the transfer of liquor licenses from one owner to subsequent owners of the same establishment, bar or club

download pdf

Sponsor

Co-Sponsors

Bill Status


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

actions

  • 09 / Jan / 2013
    • REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
  • 08 / Jan / 2014
    • REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS

Summary

Prohibits the transfer of liquor licenses from one owner to subsequent owners of the same establishment, bar or club; grants new owners a forty-five day temporary license in which time such new owner shall apply for a new liquor license pursuant to section sixty-four of the alcoholic beverage control law.

do you support this bill?

Bill Details

Versions:
S515
Legislative Cycle:
2013-2014
Current Committee:
Senate Commerce, Economic Development And Small Business
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd ยง64, ABC L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S1279
2009-2010: S1439

Sponsor Memo

BILL NUMBER:S515

TITLE OF BILL:
An act
to amend the alcoholic beverage control law, in
relation to prohibiting the
transfer of liquor licenses to new owners

PURPOSE:
The purpose of this bill is to stop the automatic transfer of a liquor
license to a new owner of a bar or club that is sold to them.

SUMMARY OF PROVISIONS:
Section One of the bill amends Section 64 of the alcoholic beverage
control law by adding subdivision 4-a. Subdivision 4-a would require
that no licensee shall transfer any interest in a license to any new
owner of such licensee's establishment, bar or club. Such license
shall terminate at the time ownership of the property is transferred
to the new owner.

A new owner will be granted a 45 day temporary license in which time
such person shall apply for a permanent license.

JUSTIFICATION:
An owner of an establishment, bar or club goes through a lengthy
application process before the State Liquor Authority (SLA) will
grant a liquor license. The state Liquor Authority looks for
community input and reviews the impact such an establishment will
have on those who live in the immediate area. Currently, if an owner
sells an establishment to a new owner, the liquor license is also
automatically transferred to the new owner. New ownership may
dramatically change the impact a bar or club has on a community, and
yet, no thorough review of the community impact the new bar or club
will be reviewed by the State Liquor Authority.

This bill will insure that the new owners of a bar or club go through
the State Liquor Authority's review process. Under this bill, a
liquor license will not be transferred along with the sale of the
establishment. Rather, a temporary 45 day license will be granted to
the new owners. A 45 day temporary license will allow for continuous
operation of an establishment after a sale, and allows time for the
new ownership to apply for a new license. Application for a new
license will allow the State Liquor Authority to review any changes
the new ownership may have on a community, and will allow a community
to speak out on concerns it may have regarding the granting of a new
license.

LEGISLATIVE HISTORY:
2001-02: S.2052 Died in Senate Investigations, Taxation and
Government Operations Committee
2003-04: S.3244 Died in Commerce, Economic Development and Small
Business Committee
2005-06: S.2584 Died in Commerce, Economic
Development and Small Business Committee
2007: S.2948 (Duane), Died in Commerce, Economic Development,


and Small Business
2008: S.2948 (Duane), Died in Commerce, Economic Development,
and Small Business
2009: S.1439 (Duane), Died in Commerce, Economic Development,
and Small Business; A.6176 (Kavanagh), Died in Economic
Development
2010: S.1439 (Duane), Died in Commerce, Economic Development, and
Small Business; A.6176 (Kavanagh), Died in Economic Development

FISCAL IMPLICATIONS:
Minimal.

LOCAL FISCAL IMPLICATIONS:
Minimal

EFFECTIVE DATE:
This act shall take effect one hundred twentieth 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
________________________________________________________________________

                                   515

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
  printed  to be committed to the Committee on Commerce, Economic Devel-
  opment and Small Business

AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
  prohibiting the transfer of liquor licenses to new owners

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

  Section 1. Section 64 of the alcoholic beverage control law is amended
by adding a new subdivision 4-a to read as follows:
  4-A. NO LICENSEE SHALL TRANSFER ANY INTEREST IN A LICENSE TO  ANY  NEW
OWNER  OF SUCH LICENSEE'S ESTABLISHMENT, BAR OR CLUB. SUCH LICENSE SHALL
TERMINATE AT THE TIME OWNERSHIP OF THE PROPERTY IS  TRANSFERRED  TO  THE
NEW  OWNER.  SUCH  NEW  OWNER  SHALL  RECEIVE A FORTY-FIVE DAY TEMPORARY
LICENSE IN WHICH TIME SUCH PERSON SHALL APPLY FOR  A  PERMANENT  LICENSE
PURSUANT TO THE PROVISIONS OF THIS SECTION.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01951-01-3

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.