Assembly Bill A3282

2009-2010 Legislative Session

Sets standards for time for the furnishing of certain information to municipalities and community boards by applicants for certain alcohol licenses

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Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 21, 2010	print number 3282a
Apr 21, 2010	amend and recommit to economic development
Jan 19, 2010	committed to economic development
Jan 06, 2010	ordered to third reading cal.257 returned to assembly died in senate
Jun 22, 2009	referred to rules delivered to senate passed assembly
Jun 15, 2009	ordered to third reading rules cal.228 rules report cal.228 reported
Jun 09, 2009	reported referred to rules
Jan 23, 2009	referred to economic development

Bill Amendments

Original

A (Active)

2009-A3282 - Details

See Senate Version of this Bill:: S2761
Current Committee:: Assembly Economic Development
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd ABC L, generally
Versions Introduced in 2011-2012 Legislative Session:: A1053

2009-A3282 - Summary

Sets standards for the time for the furnishing of certain information to municipalities and community boards by applicants for certain original, renewal, or alteration alcoholic beverage licenses and the applicability of certain public notice requirements.

2009-A3282 - Bill Text download pdf

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

                                  3282

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 23, 2009
                               ___________

Introduced  by  M. of A. PHEFFER, CHRISTENSEN, GLICK, GOTTFRIED, MARKEY,
  TITUS, ESPAILLAT, BING, DINOWITZ, HOOPER -- Multi-Sponsored by  --  M.
  of A. ALFANO, BARRA, BOYLAND, BRENNAN, COOK, FARRELL, HIKIND, LANCMAN,
  LAVINE, MILLMAN, ROBINSON, TOWNS, WEISENBERG -- read once and referred
  to  the  Committee on Economic Development, Job Creation, Commerce and
  Industry

AN ACT to amend the alcoholic beverage control law, in relation  to  the
  time  and  form  for  the furnishing of certain information to munici-
  palities and community boards  by  applicants  for  certain  original,
  renewal, or alteration alcoholic beverage licenses and the applicabil-
  ity of certain public notice requirements

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

  Section 1. Subdivision 5 of  section  51  of  the  alcoholic  beverage
control  law,  as amended by chapter 100 of the laws of 1940, is amended
to read as follows:
  5. Except as otherwise provided in subdivisions three and four of this
section, and except as provided in section fifty-two OF THIS ARTICLE, no
brewer shall sell any beer, wine, or liquor at retail.    IN  THE  EVENT
THAT  ANY  RETAIL  SALE  AUTHORIZED BY SUBDIVISION THREE OR FOUR OF THIS
SECTION OR SECTION FIFTY-TWO OF THIS ARTICLE IS TO BE MADE BY ANY  BREW-
ER,  SUCH BREWER SHALL BE SUBJECT TO THE PROVISIONS OF SUBDIVISION TWO-A
OF SECTION FIFTY-FIVE OF THIS ARTICLE.
  S 2. Section 54 of the alcoholic beverage control law  is  amended  by
adding a new subdivision 1-a to read as follows:
  1-A. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, UPON RECEIPT
OF AN APPLICATION FOR A LICENSE UNDER THIS SECTION OR AN APPLICATION FOR
RENEWAL  UNDER  SECTION  ONE HUNDRED NINE OF THIS CHAPTER, THE APPLICANT
SHALL NOTIFY THE CLERK OF THE VILLAGE, TOWN, OR CITY, AS  THE  CASE  MAY
BE, BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, WHEREIN THE PROSPECTIVE
LICENSED PREMISES IS TO BE LOCATED OR, IN THE CASE OF AN APPLICATION FOR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06906-01-9

A. 3282                             2

RENEWAL,  WHERE  IT IS PRESENTLY LOCATED, NOT LESS THAN SIXTY DAYS PRIOR
TO THE SUBMISSION OF ITS APPLICATION FOR A LICENSE UNDER THIS SECTION OR
FOR A RENEWAL THEREOF PURSUANT TO SECTION ONE HUNDRED NINE OF THIS CHAP-
TER.  FOR THE PURPOSES OF THE PRECEDING SENTENCE, NOTIFICATION NEED ONLY
BE GIVEN TO THE CLERK OF A VILLAGE WHEN SUCH PREMISES IS TO  BE  LOCATED
WITHIN  THE  BOUNDARIES  OF  THE  VILLAGE.  IN THE CITY OF NEW YORK, THE
COMMUNITY BOARD ESTABLISHED PURSUANT TO SECTION TWENTY-EIGHT HUNDRED  OF
THE  NEW YORK CITY CHARTER WITH JURISDICTION OVER THE AREA IN WHICH SUCH
LICENSED PREMISES IS TO BE OR IS LOCATED SHALL BE CONSIDERED THE  APPRO-
PRIATE  PUBLIC  BODY TO WHICH NOTIFICATION SHALL BE GIVEN.  SUCH MUNICI-
PALITY OR COMMUNITY BOARD, AS THE CASE MAY BE, MAY  EXPRESS  AN  OPINION
FOR  OR  AGAINST THE GRANTING OF SUCH LICENSE. ANY SUCH OPINION SHALL BE
DEEMED PART OF THE RECORD UPON WHICH THE LIQUOR BOARD MAKES ITS DETERMI-
NATION TO GRANT OR DENY SUCH LICENSE.
  S 3. Section 54-a of the alcoholic beverage control law is amended  by
adding a new subdivision 1-a to read as follows:
  1-A. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, UPON RECEIPT
OF AN APPLICATION FOR A LICENSE UNDER THIS SECTION OR AN APPLICATION FOR
RENEWAL  UNDER  SECTION  ONE HUNDRED NINE OF THIS CHAPTER, THE APPLICANT
SHALL NOTIFY THE CLERK OF THE VILLAGE, TOWN, OR CITY, AS  THE  CASE  MAY
BE, BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, WHEREIN THE PROSPECTIVE
LICENSED PREMISES IS TO BE LOCATED OR, IN THE CASE OF AN APPLICATION FOR
RENEWAL,  WHERE  IT IS PRESENTLY LOCATED, NOT LESS THAN SIXTY DAYS PRIOR
TO THE SUBMISSION OF ITS APPLICATION FOR A LICENSE UNDER THIS SECTION OR
FOR A RENEWAL THEREOF PURSUANT TO SECTION ONE HUNDRED NINE OF THIS CHAP-
TER. FOR THE PURPOSES OF THE PRECEDING SENTENCE, NOTIFICATION NEED  ONLY
BE  GIVEN  TO THE CLERK OF A VILLAGE WHEN SUCH PREMISES IS TO BE LOCATED
WITHIN THE BOUNDARIES OF THE VILLAGE. IN  THE  CITY  OF  NEW  YORK,  THE
COMMUNITY  BOARD ESTABLISHED PURSUANT TO SECTION TWENTY-EIGHT HUNDRED OF
THE NEW YORK CITY CHARTER WITH JURISDICTION OVER THE AREA IN WHICH  SUCH
LICENSED  PREMISES IS TO BE OR IS LOCATED SHALL BE CONSIDERED THE APPRO-
PRIATE PUBLIC BODY TO WHICH NOTIFICATION SHALL BE GIVEN.   SUCH  MUNICI-
PALITY  OR  COMMUNITY  BOARD, AS THE CASE MAY BE, MAY EXPRESS AN OPINION
FOR OR AGAINST THE GRANTING OF SUCH LICENSE. ANY SUCH OPINION  SHALL  BE
DEEMED PART OF THE RECORD UPON WHICH THE LIQUOR BOARD MAKES ITS DETERMI-
NATION TO GRANT OR DENY SUCH LICENSE.
  S  4.  Subdivision 2-a of section 55 of the alcoholic beverage control
law, as added by chapter 582 of the laws of 1999, is amended to read  as
follows:
  2-a. Notwithstanding any other provision of this chapter, upon receipt
[in  the  city  of  New York] of an application for a license under this
section, an application for renewal under section one  hundred  nine  of
this chapter, or an application for an alteration to a premises licensed
for  consumption  on  the  premises  under section ninety-nine-d of this
chapter, the applicant shall notify  the  [community  board  established
pursuant  to  section  twenty-eight hundred of the New York city charter
with jurisdiction over the area in which such licensed premises is to be
located  by  certified  mail,  return  receipt  requested,  wherein  the
prospective  licensed  premises  is  to be located or, in the case of an
application for renewal, or alteration where it is presently located not
less than thirty days prior to the submission of its application  for  a
license  under this section or for a renewal thereof pursuant to section
one hundred nine of this chapter. Such community board  may  express  an
opinion  for  or  against the granting of such license. Any such opinion
shall be deemed part of the record upon which the liquor board makes its
determination to grant or deny such license] CLERK OF THE VILLAGE, TOWN,

A. 3282                             3

OR CITY,  AS  THE  CASE  MAY  BE,  BY  CERTIFIED  MAIL,  RETURN  RECEIPT
REQUESTED,  WHEREIN  THE  PROSPECTIVE LICENSED PREMISES IS TO BE LOCATED
OR, IN THE CASE OF AN APPLICATION FOR RENEWAL UNDER SECTION ONE  HUNDRED
NINE  OF  THIS  CHAPTER  OR  AN  ALTERATION  TO  A PREMISES LICENSED FOR
CONSUMPTION ON THE PREMISES UNDER SECTION NINETY-NINE-D OF THIS CHAPTER,
WHERE IT IS PRESENTLY LOCATED NOT LESS THAN  SIXTY  DAYS  PRIOR  TO  THE
SUBMISSION  OF  ITS  APPLICATION FOR A LICENSE UNDER THIS SECTION, FOR A
RENEWAL THEREOF PURSUANT TO SECTION ONE HUNDRED NINE OF THIS CHAPTER, OR
AN ALTERATION TO A PREMISES LICENSED FOR  CONSUMPTION  ON  THE  PREMISES
UNDER  SECTION  NINETY-NINE-D  OF  THIS CHAPTER. FOR THE PURPOSES OF THE
PRECEDING SENTENCE, NOTIFICATION NEED ONLY BE GIVEN TO THE  CLERK  OF  A
VILLAGE WHEN SUCH PREMISES IS TO BE LOCATED WITHIN THE BOUNDARIES OF THE
VILLAGE. IN THE CITY OF NEW YORK, THE COMMUNITY BOARD ESTABLISHED PURSU-
ANT  TO  SECTION  TWENTY-EIGHT HUNDRED OF THE NEW YORK CITY CHARTER WITH
JURISDICTION OVER THE AREA IN WHICH SUCH LICENSED PREMISES IS TO  BE  OR
IS  LOCATED  SHALL  BE  CONSIDERED  THE APPROPRIATE PUBLIC BODY TO WHICH
NOTIFICATION SHALL BE GIVEN.  SUCH MUNICIPALITY OR COMMUNITY  BOARD,  AS
THE  CASE  MAY BE, MAY EXPRESS AN OPINION FOR OR AGAINST THE GRANTING OF
SUCH LICENSE. ANY SUCH OPINION SHALL BE DEEMED PART OF THE  RECORD  UPON
WHICH  THE  LIQUOR  BOARD  MAKES ITS DETERMINATION TO GRANT OR DENY SUCH
LICENSE.
  S 5. Section 63 of the alcoholic beverage control law  is  amended  by
adding a new subdivision 2-a to read as follows:
  2-A. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, UPON RECEIPT
OF  AN  APPLICATION FOR A LICENSE UNDER THIS SECTION, AN APPLICATION FOR
RENEWAL UNDER SECTION ONE HUNDRED NINE OF THIS CHAPTER, OR  AN  APPLICA-
TION  FOR  AN  ALTERATION  TO A PREMISES LICENSED FOR CONSUMPTION ON THE
PREMISES UNDER SECTION NINETY-NINE-D  OF  THIS  CHAPTER,  THE  APPLICANT
SHALL  NOTIFY  THE  CLERK OF THE VILLAGE, TOWN, OR CITY, AS THE CASE MAY
BE, BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, WHEREIN THE PROSPECTIVE
LICENSED PREMISES IS TO BE LOCATED OR, IN THE CASE OF AN APPLICATION FOR
RENEWAL UNDER SECTION ONE HUNDRED NINE OF THIS CHAPTER OR AN  ALTERATION
TO  A  PREMISES  LICENSED  FOR CONSUMPTION ON THE PREMISES UNDER SECTION
NINETY-NINE-D OF THIS CHAPTER, WHERE IT IS PRESENTLY  LOCATED  NOT  LESS
THAN SIXTY DAYS PRIOR TO THE SUBMISSION OF ITS APPLICATION FOR A LICENSE
UNDER  THIS  SECTION,  FOR  A  RENEWAL  THEREOF  PURSUANT TO SECTION ONE
HUNDRED NINE OF THIS CHAPTER, OR AN ALTERATION TO  A  PREMISES  LICENSED
FOR  CONSUMPTION  ON  THE  PREMISES  UNDER SECTION NINETY-NINE-D OF THIS
CHAPTER. FOR THE PURPOSES OF THE PRECEDING SENTENCE,  NOTIFICATION  NEED
ONLY  BE  GIVEN  TO  THE  CLERK OF A VILLAGE WHEN SUCH PREMISES IS TO BE
LOCATED WITHIN THE BOUNDARIES OF THE VILLAGE. IN THE CITY OF  NEW  YORK,
THE COMMUNITY BOARD ESTABLISHED PURSUANT TO SECTION TWENTY-EIGHT HUNDRED
OF  THE  NEW  YORK CITY CHARTER WITH JURISDICTION OVER THE AREA IN WHICH
SUCH LICENSED PREMISES IS TO BE OR IS LOCATED SHALL  BE  CONSIDERED  THE
APPROPRIATE  PUBLIC  BODY  TO  WHICH NOTIFICATION SHALL BE GIVEN.   SUCH
MUNICIPALITY OR COMMUNITY BOARD, AS THE CASE  MAY  BE,  MAY  EXPRESS  AN
OPINION  FOR  OR  AGAINST THE GRANTING OF SUCH LICENSE. ANY SUCH OPINION
SHALL BE DEEMED PART OF THE RECORD UPON WHICH THE LIQUOR BOARD MAKES ITS
DETERMINATION TO GRANT OR DENY SUCH LICENSE.
  S 6. Subdivision 2-a of section 64 of the alcoholic  beverage  control
law, as amended by chapter 83 of the laws of 1995, is amended to read as
follows:
  2-a. Notwithstanding any other provision of this chapter, upon receipt
of  an  application for a license under this section, an application for
renewal under section one hundred nine of this chapter, or  an  applica-
tion  for  an  alteration  to a premises licensed for consumption on the

A. 3282                             4

premises under section ninety-nine-d  of  this  chapter,  the  applicant
shall  notify  the  clerk of the village, town, or city, as the case may
be, by certified mail, return receipt requested, wherein the prospective
licensed premises is to be located or, in the case of an application for
renewal[,]  or  alteration,  where it is presently located not less than
[thirty] SIXTY days prior to the submission of  its  application  for  a
license  under  this  section  [or],  for  a renewal thereof pursuant to
section one hundred nine of this chapter, OR AN ALTERATION TO A PREMISES
LICENSED FOR CONSUMPTION ON THE PREMISES UNDER SECTION NINETY-NINE-D  OF
THIS  CHAPTER.  For the purposes of the preceding sentence, notification
need only be given to the clerk of a village when such premises is to be
located within the boundaries of the village. In the city of  New  York,
the community board established pursuant to section twenty-eight hundred
of  the  New  York city charter with jurisdiction over the area in which
such licensed premises is to be OR IS located shall  be  considered  the
appropriate  public  body  to  which notification shall be given.   SUCH
NOTIFICATION SHALL BE MADE IN SUCH FORM AS SHALL BE  PRESCRIBED  BY  THE
RULES  OF THE LIQUOR AUTHORITY. Such municipality or community board, as
the case may be, may express an opinion for or against the  granting  of
such  license.  Any such opinion shall be deemed part of the record upon
which the liquor board makes its determination to  grant  or  deny  such
license.
  S  7. Section 64-a of the alcoholic beverage control law is amended by
adding a new subdivision 2-a to read as follows:
  2-A. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, UPON RECEIPT
OF AN APPLICATION FOR A LICENSE UNDER THIS SECTION, AN  APPLICATION  FOR
RENEWAL  UNDER  SECTION ONE HUNDRED NINE OF THIS CHAPTER, OR AN APPLICA-
TION FOR AN ALTERATION TO A PREMISES LICENSED  FOR  CONSUMPTION  ON  THE
PREMISES  UNDER  SECTION  NINETY-NINE-D  OF  THIS CHAPTER, THE APPLICANT
SHALL NOTIFY THE CLERK OF THE VILLAGE, TOWN, OR CITY, AS  THE  CASE  MAY
BE, BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, WHEREIN THE PROSPECTIVE
LICENSED PREMISES IS TO BE LOCATED OR, IN THE CASE OF AN APPLICATION FOR
RENEWAL OR ALTERATION, WHERE IT IS PRESENTLY LOCATED NOT LESS THAN SIXTY
DAYS PRIOR TO THE SUBMISSION OF ITS APPLICATION FOR A LICENSE UNDER THIS
SECTION,  FOR  A RENEWAL THEREOF PURSUANT TO SECTION ONE HUNDRED NINE OF
THIS CHAPTER, OR AN ALTERATION TO A PREMISES LICENSED FOR CONSUMPTION ON
THE PREMISES UNDER  SECTION  NINETY-NINE-D  OF  THIS  CHAPTER.  FOR  THE
PURPOSES  OF  THE PRECEDING SENTENCE, NOTIFICATION NEED ONLY BE GIVEN TO
THE CLERK OF A VILLAGE WHEN SUCH PREMISES IS TO BE  LOCATED  WITHIN  THE
BOUNDARIES  OF THE VILLAGE. IN THE CITY OF NEW YORK, THE COMMUNITY BOARD
ESTABLISHED PURSUANT TO SECTION TWENTY-EIGHT HUNDRED  OF  THE  NEW  YORK
CITY  CHARTER  WITH  JURISDICTION  OVER  THE AREA IN WHICH SUCH LICENSED
PREMISES IS TO BE OR IS LOCATED  SHALL  BE  CONSIDERED  THE  APPROPRIATE
PUBLIC  BODY TO WHICH NOTIFICATION SHALL BE GIVEN.  SUCH MUNICIPALITY OR
COMMUNITY BOARD, AS THE CASE MAY BE,  MAY  EXPRESS  AN  OPINION  FOR  OR
AGAINST  THE  GRANTING OF SUCH LICENSE. ANY SUCH OPINION SHALL BE DEEMED
PART OF THE RECORD UPON WHICH THE LIQUOR BOARD MAKES  ITS  DETERMINATION
TO GRANT OR DENY SUCH LICENSE.
  S  8. Section 64-b of the alcoholic beverage control law is amended by
adding a new subdivision 2-a to read as follows:
  2-A. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, UPON RECEIPT
OF AN APPLICATION FOR A LICENSE UNDER THIS SECTION, AN  APPLICATION  FOR
RENEWAL  UNDER  SECTION ONE HUNDRED NINE OF THIS CHAPTER, OR AN APPLICA-
TION FOR AN ALTERATION TO A PREMISES LICENSED  FOR  CONSUMPTION  ON  THE
PREMISES  UNDER  SECTION  NINETY-NINE-D  OF  THIS CHAPTER, THE APPLICANT
SHALL NOTIFY THE CLERK OF THE VILLAGE, TOWN, OR CITY, AS  THE  CASE  MAY

A. 3282                             5

BE, BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, WHEREIN THE PROSPECTIVE
LICENSED PREMISES IS TO BE LOCATED OR, IN THE CASE OF AN APPLICATION FOR
RENEWAL OR ALTERATION, WHERE IT IS PRESENTLY LOCATED NOT LESS THAN SIXTY
DAYS PRIOR TO THE SUBMISSION OF ITS APPLICATION FOR A LICENSE UNDER THIS
SECTION,  FOR  A RENEWAL THEREOF PURSUANT TO SECTION ONE HUNDRED NINE OF
THIS CHAPTER, OR AN ALTERATION TO A PREMISES LICENSED FOR CONSUMPTION ON
THE PREMISES UNDER  SECTION  NINETY-NINE-D  OF  THIS  CHAPTER.  FOR  THE
PURPOSES  OF  THE PRECEDING SENTENCE, NOTIFICATION NEED ONLY BE GIVEN TO
THE CLERK OF A VILLAGE WHEN SUCH PREMISES IS TO BE  LOCATED  WITHIN  THE
BOUNDARIES  OF THE VILLAGE. IN THE CITY OF NEW YORK, THE COMMUNITY BOARD
ESTABLISHED PURSUANT TO SECTION TWENTY-EIGHT HUNDRED  OF  THE  NEW  YORK
CITY  CHARTER  WITH  JURISDICTION  OVER  THE AREA IN WHICH SUCH LICENSED
PREMISES IS TO BE OR IS LOCATED  SHALL  BE  CONSIDERED  THE  APPROPRIATE
PUBLIC  BODY TO WHICH NOTIFICATION SHALL BE GIVEN.  SUCH MUNICIPALITY OR
COMMUNITY BOARD, AS THE CASE MAY BE,  MAY  EXPRESS  AN  OPINION  FOR  OR
AGAINST  THE  GRANTING OF SUCH LICENSE. ANY SUCH OPINION SHALL BE DEEMED
PART OF THE RECORD UPON WHICH THE LIQUOR BOARD MAKES  ITS  DETERMINATION
TO GRANT OR DENY SUCH LICENSE.
  S  9.  Subdivision 3 of section 64-c of the alcoholic beverage control
law, as added by chapter 538 of the laws of 1997, is amended to read  as
follows:
  3.  Upon  receipt  of  an  original  [or  a renewal] application for a
license under this section, AN APPLICATION FOR RENEWAL UNDER SECTION ONE
HUNDRED NINE OF THIS CHAPTER, OR AN APPLICATION FOR AN ALTERATION  TO  A
PREMISES  LICENSED FOR CONSUMPTION ON THE PREMISES UNDER SECTION NINETY-
NINE-D OF THIS CHAPTER, the applicant shall  notify  the  clerk  of  the
village,  town    or city, as the case may be, by certified mail, return
receipt requested, wherein the prospective licensed premises  is  to  be
located  or,  in  the  case of an application for renewal OR ALTERATION,
where it is presently located not less than [thirty] SIXTY days prior to
the submission of its application for a license under this section [or],
for a renewal thereof  UNDER SECTION ONE HUNDRED NINE OF  THIS  CHAPTER,
OR  AN ALTERATION TO A PREMISES LICENSED FOR CONSUMPTION ON THE PREMISES
UNDER SECTION NINETY-NINE-D OF THIS CHAPTER.   For the purposes  of  the
preceding  sentence,  notification  need only be given to the clerk of a
village when such premises is to be located within the boundaries of the
village.   In the city of New  York,  the  community  board  established
pursuant  to  section  twenty-eight hundred of the New York city charter
with jurisdiction over the area in which such licensed premises is to be
OR IS located shall be considered the appropriate public body  to  which
notification  shall  be given.  Such municipality or community board, as
the case may be, may express an opinion for or against the  granting  of
such  license.  Any such opinion shall be deemed part of the record upon
which the liquor authority   makes its determination to  grant  or  deny
such license.
  S  10. Subdivision 3 of section 64-d of the alcoholic beverage control
law, as added by chapter 602 of the laws of 1999, is amended to read  as
follows:
  3.  Upon  receipt  of  an  original  [or  a renewal] application for a
license under this section, AN APPLICATION FOR RENEWAL UNDER SECTION ONE
HUNDRED NINE OF THIS CHAPTER, OR AN APPLICATION FOR AN ALTERATION  TO  A
PREMISES  LICENSED FOR CONSUMPTION ON THE PREMISES UNDER SECTION NINETY-
NINE-D OF THIS CHAPTER, the applicant shall  notify  the  clerk  of  the
village,  town,  or  city, as the case may be, by certified mail, return
receipt requested, wherein the prospective licensed premises  is  to  be
located  or,  in  the  case of an application for renewal OR ALTERATION,

A. 3282                             6

where it is presently located[,] not less than [thirty] SIXTY days prior
to the submission of its application for a license  under  this  section
[or], for a renewal thereof UNDER SECTION ONE HUNDRED NINE OF THIS CHAP-
TER,  OR  AN  ALTERATION  TO  A PREMISES LICENSED FOR CONSUMPTION ON THE
PREMISES UNDER SECTION NINETY-NINE-D OF THIS CHAPTER.  For the  purposes
of  the preceding sentence, notification need only be given to the clerk
of a village when such premises is to be located within  the  boundaries
of the village. In the city of New York, the community board established
pursuant  to  section  twenty-eight hundred of the New York city charter
with jurisdiction over the area in which such licensed premises is to be
OR IS located shall be considered the appropriate public body  to  which
notification  shall  be given.  Such municipality or community board, as
the case may be, may express an opinion for or against the  granting  of
such  license.  Any such opinion shall be deemed part of the record upon
which the liquor authority makes its determination to grant or deny such
license.
  S 11. Subdivision 1-a of section 81 of the alcoholic beverage  control
law,  as added by chapter 582 of the laws of 1999, is amended to read as
follows:
  1-a. Notwithstanding any other provision of this chapter, upon receipt
[in the city of New York] of an application for  a  license  under  this
section,  an  application  for renewal under section one hundred nine of
this chapter, or an application for an alteration to a premises licensed
for consumption on the premises  under  section  ninety-nine-d  of  this
chapter,  the  applicant  shall  notify the [community board established
pursuant to section twenty-eight hundred of the New  York  city  charter
with jurisdiction over the area in which such licensed premises is to be
located  by  certified  mail,  return  receipt  requested,  wherein  the
prospective licensed premises is to be located or, in  the  case  of  an
application for renewal, or alteration where it is presently located not
less  than  thirty days prior to the submission of its application for a
license under this section or for a renewal thereof pursuant to  section
one  hundred  nine  of this chapter. Such community board may express an
opinion for or against the granting of such license.  Any  such  opinion
shall be deemed part of the record upon which the liquor board makes its
determination to grant or deny such license] CLERK OF THE VILLAGE, TOWN,
OR  CITY,  AS  THE  CASE  MAY  BE,  BY  CERTIFIED  MAIL,  RETURN RECEIPT
REQUESTED, WHEREIN THE PROSPECTIVE LICENSED PREMISES IS  TO  BE  LOCATED
OR,  IN THE CASE OF AN APPLICATION FOR RENEWAL UNDER SECTION ONE HUNDRED
NINE OF THIS CHAPTER  OR  AN  ALTERATION  TO  A  PREMISES  LICENSED  FOR
CONSUMPTION ON THE PREMISES UNDER SECTION NINETY-NINE-D OF THIS CHAPTER,
WHERE  IT  IS  PRESENTLY  LOCATED  NOT LESS THAN SIXTY DAYS PRIOR TO THE
SUBMISSION OF ITS APPLICATION FOR A LICENSE UNDER THIS  SECTION,  FOR  A
RENEWAL THEREOF PURSUANT TO SECTION ONE HUNDRED NINE OF THIS CHAPTER, OR
AN  ALTERATION  TO  A  PREMISES LICENSED FOR CONSUMPTION ON THE PREMISES
UNDER SECTION NINETY-NINE-D OF THIS CHAPTER. FOR  THE  PURPOSES  OF  THE
PRECEDING  SENTENCE,  NOTIFICATION  NEED ONLY BE GIVEN TO THE CLERK OF A
VILLAGE WHEN SUCH PREMISES IS TO BE LOCATED WITHIN THE BOUNDARIES OF THE
VILLAGE. IN THE CITY OF NEW YORK, THE COMMUNITY BOARD ESTABLISHED PURSU-
ANT TO SECTION TWENTY-EIGHT HUNDRED OF THE NEW YORK  CITY  CHARTER  WITH
JURISDICTION  OVER  THE AREA IN WHICH SUCH LICENSED PREMISES IS TO BE OR
IS LOCATED SHALL BE CONSIDERED THE  APPROPRIATE  PUBLIC  BODY  TO  WHICH
NOTIFICATION  SHALL  BE GIVEN.  SUCH MUNICIPALITY OR COMMUNITY BOARD, AS
THE CASE MAY BE, MAY EXPRESS AN OPINION FOR OR AGAINST THE  GRANTING  OF
SUCH  LICENSE.  ANY SUCH OPINION SHALL BE DEEMED PART OF THE RECORD UPON

A. 3282                             7

WHICH THE LIQUOR BOARD MAKES ITS DETERMINATION TO  GRANT  OR  DENY  SUCH
LICENSE.
  S 12. Section 81-a of the alcoholic beverage control law is amended by
adding a new subdivision 1-a to read as follows:
  1-A. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, UPON RECEIPT
OF  AN  APPLICATION FOR A LICENSE UNDER THIS SECTION, AN APPLICATION FOR
RENEWAL UNDER SECTION ONE HUNDRED NINE OF THIS CHAPTER, OR  AN  APPLICA-
TION  FOR  AN  ALTERATION  TO A PREMISES LICENSED FOR CONSUMPTION ON THE
PREMISES UNDER SECTION NINETY-NINE-D  OF  THIS  CHAPTER,  THE  APPLICANT
SHALL  NOTIFY  THE  CLERK OF THE VILLAGE, TOWN, OR CITY, AS THE CASE MAY
BE, BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, WHEREIN THE PROSPECTIVE
LICENSED PREMISES IS TO BE LOCATED OR, IN THE CASE OF AN APPLICATION FOR
RENEWAL OR ALTERATION, WHERE IT IS PRESENTLY LOCATED NOT LESS THAN SIXTY
DAYS PRIOR TO THE SUBMISSION OF ITS APPLICATION FOR A LICENSE UNDER THIS
SECTION, FOR A RENEWAL THEREOF PURSUANT TO SECTION ONE HUNDRED  NINE  OF
THIS CHAPTER, OR AN ALTERATION TO A PREMISES LICENSED FOR CONSUMPTION ON
THE  PREMISES  UNDER  SECTION  NINETY-NINE-D  OF  THIS  CHAPTER. FOR THE
PURPOSES OF THE PRECEDING SENTENCE, NOTIFICATION NEED ONLY BE  GIVEN  TO
THE  CLERK  OF  A VILLAGE WHEN SUCH PREMISES IS TO BE LOCATED WITHIN THE
BOUNDARIES OF THE VILLAGE. IN THE CITY OF NEW YORK, THE COMMUNITY  BOARD
ESTABLISHED  PURSUANT  TO  SECTION  TWENTY-EIGHT HUNDRED OF THE NEW YORK
CITY CHARTER WITH JURISDICTION OVER THE  AREA  IN  WHICH  SUCH  LICENSED
PREMISES  IS  TO  BE  OR  IS LOCATED SHALL BE CONSIDERED THE APPROPRIATE
PUBLIC BODY TO WHICH NOTIFICATION SHALL BE GIVEN.  SUCH MUNICIPALITY  OR
COMMUNITY  BOARD,  AS  THE  CASE  MAY  BE, MAY EXPRESS AN OPINION FOR OR
AGAINST THE GRANTING OF SUCH LICENSE. ANY SUCH OPINION SHALL  BE  DEEMED
PART  OF  THE RECORD UPON WHICH THE LIQUOR BOARD MAKES ITS DETERMINATION
TO GRANT OR DENY SUCH LICENSE.
  S 13. Subdivision 7 of section 100 of the alcoholic  beverage  control
law,  as added by chapter 256 of the laws of 1978, is amended to read as
follows:
  7. Within ten days after filing a new  application  to  sell  BEER  AT
RETAIL  UNDER SUBDIVISION THREE OR FOUR OF SECTION FIFTY-ONE, OR SECTION
FIFTY-TWO, FIFTY-FOUR, FIFTY-FOUR-A,  OR  FIFTY-FIVE  OF  THIS  CHAPTER,
liquor  at  retail  under  section sixty-three, sixty-four, sixty-four-a
[or], sixty-four-b, SIXTY-FOUR-C, OR SIXTY-FOUR-D of  this  chapter,  OR
WINE AT RETAIL UNDER SECTION EIGHTY-ONE OR EIGHTY-ONE-A OF THIS CHAPTER,
a  notice  thereof,  in  the  form prescribed by the authority, shall be
posted by the applicant in a conspicuous place at the  entrance  to  the
proposed premises. The applicant shall make reasonable efforts to insure
such  notice shall remain posted throughout the pendency of the applica-
tion. The provisions hereof shall apply only where  no  retail  [liquor]
ALCOHOLIC  BEVERAGE license has previously been granted for the proposed
[premise] PREMISES and shall,  specifically,  not  be  applicable  to  a
proposed  sale  of  an  existing  business engaged in the retail sale of
liquor. The authority may adopt such rules  it  may  deem  necessary  to
carry out the purpose of this subdivision.
  S 14. Subdivision 1 of section 110-a of the alcoholic beverage control
law,  as  added by chapter 77 of the laws of 1999, is amended to read as
follows:
  1. Every person applying for a license  to  sell  alcoholic  beverages
pursuant  to  subdivision THREE OR four of section fifty-one, or section
FIFTY-TWO, FIFTY-FOUR,  FIFTY-FOUR-A,  fifty-five,  SIXTY-THREE,  sixty-
four,    sixty-four-a,    SIXTY-FOUR-B,    sixty-four-c,   SIXTY-FOUR-D,
eighty-one, or eighty-one-a of this chapter shall publish notice thereof
pursuant to subdivision two of this section.

A. 3282                             8

  S 15. This act shall take effect on  the  one  hundred  twentieth  day
after  it  shall  have  become  a law; provided, however, that the state
liquor authority is authorized to promulgate any and all rules and regu-
lations and take any other measures necessary for the timely implementa-
tion of this act on its effective date on or before such date.

2009-A3282A (ACTIVE) - Details

See Senate Version of this Bill:: S2761
Current Committee:: Assembly Economic Development
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd ABC L, generally
Versions Introduced in 2011-2012 Legislative Session:: A1053

2009-A3282A (ACTIVE) - Summary

2009-A3282A (ACTIVE) - Sponsor Memo

2009-A3282A (ACTIVE) - Bill Text download pdf

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

                                 3282--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 23, 2009
                               ___________

Introduced  by  M. of A. PHEFFER, CHRISTENSEN, GLICK, GOTTFRIED, MARKEY,
  TITUS, ESPAILLAT, BING, DINOWITZ, HOOPER -- Multi-Sponsored by  --  M.
  of  A.   ALFANO, BARRA, BOYLAND, BRENNAN, COOK, FARRELL, HIKIND, LANC-
  MAN, LAVINE, MILLMAN, ROBINSON, TOWNS, WEISENBERG  --  read  once  and
  referred  to  the  Committee  on  Economic  Development, Job Creation,
  Commerce and Industry -- recommitted  to  the  Committee  on  Economic
  Development,  Job  Creation,  Commerce and Industry in accordance with
  Assembly Rule 3, sec. 2 -- 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  the
  time  and  form  for  the furnishing of certain information to munici-
  palities and community boards  by  applicants  for  certain  original,
  renewal, or alteration alcoholic beverage licenses and the applicabil-
  ity of certain public notice requirements

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

  Section 1. Section 54 of the alcoholic beverage control law is amended
by adding a new subdivision 1-a to read as follows:
  1-A. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, UPON RECEIPT
OF AN APPLICATION FOR A LICENSE UNDER THIS SECTION OR AN APPLICATION FOR
RENEWAL UNDER SECTION ONE HUNDRED NINE OF THIS  CHAPTER,  THE  APPLICANT
SHALL  NOTIFY  THE  CLERK OF THE VILLAGE, TOWN, OR CITY, AS THE CASE MAY
BE, BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, WHEREIN THE PROSPECTIVE
LICENSED PREMISES IS TO BE LOCATED OR, IN THE CASE OF AN APPLICATION FOR
RENEWAL, WHERE IT IS PRESENTLY LOCATED, NOT LESS THAN SIXTY  DAYS  PRIOR
TO THE SUBMISSION OF ITS APPLICATION FOR A LICENSE UNDER THIS SECTION OR
FOR A RENEWAL THEREOF PURSUANT TO SECTION ONE HUNDRED NINE OF THIS CHAP-
TER.  FOR THE PURPOSES OF THE PRECEDING SENTENCE, NOTIFICATION NEED ONLY
BE GIVEN TO THE CLERK OF A VILLAGE WHEN SUCH PREMISES IS TO  BE  LOCATED
WITHIN  THE  BOUNDARIES  OF  THE  VILLAGE.  IN THE CITY OF NEW YORK, THE
COMMUNITY BOARD ESTABLISHED PURSUANT TO SECTION TWENTY-EIGHT HUNDRED  OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06906-02-0

A. 3282--A                          2

THE  NEW YORK CITY CHARTER WITH JURISDICTION OVER THE AREA IN WHICH SUCH
LICENSED PREMISES IS TO BE OR IS LOCATED SHALL BE CONSIDERED THE  APPRO-
PRIATE  PUBLIC  BODY TO WHICH NOTIFICATION SHALL BE GIVEN.  SUCH MUNICI-
PALITY  OR  COMMUNITY  BOARD, AS THE CASE MAY BE, MAY EXPRESS AN OPINION
FOR OR AGAINST THE GRANTING OF SUCH LICENSE. ANY SUCH OPINION  SHALL  BE
DEEMED PART OF THE RECORD UPON WHICH THE LIQUOR BOARD MAKES ITS DETERMI-
NATION TO GRANT OR DENY SUCH LICENSE.
  S  2. Section 54-a of the alcoholic beverage control law is amended by
adding a new subdivision 1-a to read as follows:
  1-A. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, UPON RECEIPT
OF AN APPLICATION FOR A LICENSE UNDER THIS SECTION OR AN APPLICATION FOR
RENEWAL UNDER SECTION ONE HUNDRED NINE OF THIS  CHAPTER,  THE  APPLICANT
SHALL  NOTIFY  THE  CLERK OF THE VILLAGE, TOWN, OR CITY, AS THE CASE MAY
BE, BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, WHEREIN THE PROSPECTIVE
LICENSED PREMISES IS TO BE LOCATED OR, IN THE CASE OF AN APPLICATION FOR
RENEWAL, WHERE IT IS PRESENTLY LOCATED, NOT LESS THAN SIXTY  DAYS  PRIOR
TO THE SUBMISSION OF ITS APPLICATION FOR A LICENSE UNDER THIS SECTION OR
FOR A RENEWAL THEREOF PURSUANT TO SECTION ONE HUNDRED NINE OF THIS CHAP-
TER.  FOR THE PURPOSES OF THE PRECEDING SENTENCE, NOTIFICATION NEED ONLY
BE GIVEN TO THE CLERK OF A VILLAGE WHEN SUCH PREMISES IS TO  BE  LOCATED
WITHIN  THE  BOUNDARIES  OF  THE  VILLAGE.  IN THE CITY OF NEW YORK, THE
COMMUNITY BOARD ESTABLISHED PURSUANT TO SECTION TWENTY-EIGHT HUNDRED  OF
THE  NEW YORK CITY CHARTER WITH JURISDICTION OVER THE AREA IN WHICH SUCH
LICENSED PREMISES IS TO BE OR IS LOCATED SHALL BE CONSIDERED THE  APPRO-
PRIATE  PUBLIC  BODY TO WHICH NOTIFICATION SHALL BE GIVEN.  SUCH MUNICI-
PALITY OR COMMUNITY BOARD, AS THE CASE MAY BE, MAY  EXPRESS  AN  OPINION
FOR  OR  AGAINST THE GRANTING OF SUCH LICENSE. ANY SUCH OPINION SHALL BE
DEEMED PART OF THE RECORD UPON WHICH THE LIQUOR BOARD MAKES ITS DETERMI-
NATION TO GRANT OR DENY SUCH LICENSE.
  S 3. Subdivision 2-a of section 55 of the alcoholic  beverage  control
law,  as added by chapter 582 of the laws of 1999, is amended to read as
follows:
  2-a. Notwithstanding any other provision of this chapter, upon receipt
[in the city of New York] of an application for  a  license  under  this
section,  an  application  for renewal under section one hundred nine of
this chapter, or an application for an alteration to a premises licensed
for consumption on the premises  under  section  ninety-nine-d  of  this
chapter,  the  applicant  shall  notify the [community board established
pursuant to section twenty-eight hundred of the New  York  city  charter
with jurisdiction over the area in which such licensed premises is to be
located  by  certified  mail,  return  receipt  requested,  wherein  the
prospective licensed premises is to be located or, in  the  case  of  an
application for renewal, or alteration where it is presently located not
less  than  thirty days prior to the submission of its application for a
license under this section or for a renewal thereof pursuant to  section
one  hundred  nine  of this chapter. Such community board may express an
opinion for or against the granting of such license.  Any  such  opinion
shall be deemed part of the record upon which the liquor board makes its
determination to grant or deny such license] CLERK OF THE VILLAGE, TOWN,
OR  CITY,  AS  THE  CASE  MAY  BE,  BY  CERTIFIED  MAIL,  RETURN RECEIPT
REQUESTED, WHEREIN THE PROSPECTIVE LICENSED PREMISES IS  TO  BE  LOCATED
OR,  IN THE CASE OF AN APPLICATION FOR RENEWAL UNDER SECTION ONE HUNDRED
NINE OF THIS CHAPTER  OR  AN  ALTERATION  TO  A  PREMISES  LICENSED  FOR
CONSUMPTION ON THE PREMISES UNDER SECTION NINETY-NINE-D OF THIS CHAPTER,
WHERE  IT  IS  PRESENTLY  LOCATED  NOT LESS THAN SIXTY DAYS PRIOR TO THE
SUBMISSION OF ITS APPLICATION FOR A LICENSE UNDER THIS  SECTION,  FOR  A

A. 3282--A                          3

RENEWAL THEREOF PURSUANT TO SECTION ONE HUNDRED NINE OF THIS CHAPTER, OR
AN  ALTERATION  TO  A  PREMISES LICENSED FOR CONSUMPTION ON THE PREMISES
UNDER SECTION NINETY-NINE-D OF THIS CHAPTER. FOR  THE  PURPOSES  OF  THE
PRECEDING  SENTENCE,  NOTIFICATION  NEED ONLY BE GIVEN TO THE CLERK OF A
VILLAGE WHEN SUCH PREMISES IS TO BE LOCATED WITHIN THE BOUNDARIES OF THE
VILLAGE. IN THE CITY OF NEW YORK, THE COMMUNITY BOARD ESTABLISHED PURSU-
ANT TO SECTION TWENTY-EIGHT HUNDRED OF THE NEW YORK  CITY  CHARTER  WITH
JURISDICTION  OVER  THE AREA IN WHICH SUCH LICENSED PREMISES IS TO BE OR
IS LOCATED SHALL BE CONSIDERED THE  APPROPRIATE  PUBLIC  BODY  TO  WHICH
NOTIFICATION  SHALL  BE GIVEN.  SUCH MUNICIPALITY OR COMMUNITY BOARD, AS
THE CASE MAY BE, MAY EXPRESS AN OPINION FOR OR AGAINST THE  GRANTING  OF
SUCH  LICENSE.  ANY SUCH OPINION SHALL BE DEEMED PART OF THE RECORD UPON
WHICH THE LIQUOR BOARD MAKES ITS DETERMINATION TO  GRANT  OR  DENY  SUCH
LICENSE.
  S  4.  Section  63 of the alcoholic beverage control law is amended by
adding a new subdivision 2-a to read as follows:
  2-A. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, UPON RECEIPT
OF AN APPLICATION FOR A LICENSE UNDER THIS SECTION, AN  APPLICATION  FOR
RENEWAL  UNDER  SECTION ONE HUNDRED NINE OF THIS CHAPTER, OR AN APPLICA-
TION FOR AN ALTERATION TO A PREMISES LICENSED  FOR  CONSUMPTION  ON  THE
PREMISES  UNDER  SECTION  NINETY-NINE-D  OF  THIS CHAPTER, THE APPLICANT
SHALL NOTIFY THE CLERK OF THE VILLAGE, TOWN, OR CITY, AS  THE  CASE  MAY
BE, BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, WHEREIN THE PROSPECTIVE
LICENSED PREMISES IS TO BE LOCATED OR, IN THE CASE OF AN APPLICATION FOR
RENEWAL  UNDER SECTION ONE HUNDRED NINE OF THIS CHAPTER OR AN ALTERATION
TO A PREMISES LICENSED FOR CONSUMPTION ON  THE  PREMISES  UNDER  SECTION
NINETY-NINE-D  OF  THIS  CHAPTER, WHERE IT IS PRESENTLY LOCATED NOT LESS
THAN SIXTY DAYS PRIOR TO THE SUBMISSION OF ITS APPLICATION FOR A LICENSE
UNDER THIS SECTION, FOR  A  RENEWAL  THEREOF  PURSUANT  TO  SECTION  ONE
HUNDRED  NINE  OF  THIS CHAPTER, OR AN ALTERATION TO A PREMISES LICENSED
FOR CONSUMPTION ON THE PREMISES  UNDER  SECTION  NINETY-NINE-D  OF  THIS
CHAPTER.  FOR  THE PURPOSES OF THE PRECEDING SENTENCE, NOTIFICATION NEED
ONLY BE GIVEN TO THE CLERK OF A VILLAGE WHEN  SUCH  PREMISES  IS  TO  BE
LOCATED  WITHIN  THE BOUNDARIES OF THE VILLAGE. IN THE CITY OF NEW YORK,
THE COMMUNITY BOARD ESTABLISHED PURSUANT TO SECTION TWENTY-EIGHT HUNDRED
OF THE NEW YORK CITY CHARTER WITH JURISDICTION OVER THE  AREA  IN  WHICH
SUCH  LICENSED  PREMISES  IS TO BE OR IS LOCATED SHALL BE CONSIDERED THE
APPROPRIATE PUBLIC BODY TO WHICH NOTIFICATION  SHALL  BE  GIVEN.    SUCH
MUNICIPALITY  OR  COMMUNITY  BOARD,  AS  THE CASE MAY BE, MAY EXPRESS AN
OPINION FOR OR AGAINST THE GRANTING OF SUCH LICENSE.  ANY  SUCH  OPINION
SHALL BE DEEMED PART OF THE RECORD UPON WHICH THE LIQUOR BOARD MAKES ITS
DETERMINATION TO GRANT OR DENY SUCH LICENSE.
  S  5.  Subdivision 2-a of section 64 of the alcoholic beverage control
law, as amended by chapter 83 of the laws of 1995, is amended to read as
follows:
  2-a. Notwithstanding any other provision of this chapter, upon receipt
of an application for a license under this section, an  application  for
renewal  under  section one hundred nine of this chapter, or an applica-
tion for an alteration to a premises licensed  for  consumption  on  the
premises  under  section  ninety-nine-d  of  this chapter, the applicant
shall notify the clerk of the village, town, or city, as  the  case  may
be, by certified mail, return receipt requested, wherein the prospective
licensed premises is to be located or, in the case of an application for
renewal[,]  or  alteration,  where it is presently located not less than
[thirty] SIXTY days prior to the submission of  its  application  for  a
license  under  this  section  [or],  for  a renewal thereof pursuant to

A. 3282--A                          4

section one hundred nine of this chapter, OR AN ALTERATION TO A PREMISES
LICENSED FOR CONSUMPTION ON THE PREMISES UNDER SECTION NINETY-NINE-D  OF
THIS  CHAPTER.  For the purposes of the preceding sentence, notification
need only be given to the clerk of a village when such premises is to be
located  within  the boundaries of the village. In the city of New York,
the community board established pursuant to section twenty-eight hundred
of the New York city charter with jurisdiction over the  area  in  which
such  licensed  premises  is to be OR IS located shall be considered the
appropriate public body to which notification  shall  be  given.    SUCH
NOTIFICATION  SHALL  BE  MADE IN SUCH FORM AS SHALL BE PRESCRIBED BY THE
RULES OF THE LIQUOR AUTHORITY. Such municipality or community board,  as
the  case  may be, may express an opinion for or against the granting of
such license. Any such opinion shall be deemed part of the  record  upon
which  the  liquor  board  makes its determination to grant or deny such
license.
  S 6. Section 64-a of the alcoholic beverage control law is amended  by
adding a new subdivision 2-a to read as follows:
  2-A. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, UPON RECEIPT
OF  AN  APPLICATION FOR A LICENSE UNDER THIS SECTION, AN APPLICATION FOR
RENEWAL UNDER SECTION ONE HUNDRED NINE OF THIS CHAPTER, OR  AN  APPLICA-
TION  FOR  AN  ALTERATION  TO A PREMISES LICENSED FOR CONSUMPTION ON THE
PREMISES UNDER SECTION NINETY-NINE-D  OF  THIS  CHAPTER,  THE  APPLICANT
SHALL  NOTIFY  THE  CLERK OF THE VILLAGE, TOWN, OR CITY, AS THE CASE MAY
BE, BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, WHEREIN THE PROSPECTIVE
LICENSED PREMISES IS TO BE LOCATED OR, IN THE CASE OF AN APPLICATION FOR
RENEWAL OR ALTERATION, WHERE IT IS PRESENTLY LOCATED NOT LESS THAN SIXTY
DAYS PRIOR TO THE SUBMISSION OF ITS APPLICATION FOR A LICENSE UNDER THIS
SECTION, FOR A RENEWAL THEREOF PURSUANT TO SECTION ONE HUNDRED  NINE  OF
THIS CHAPTER, OR AN ALTERATION TO A PREMISES LICENSED FOR CONSUMPTION ON
THE  PREMISES  UNDER  SECTION  NINETY-NINE-D  OF  THIS  CHAPTER. FOR THE
PURPOSES OF THE PRECEDING SENTENCE, NOTIFICATION NEED ONLY BE  GIVEN  TO
THE  CLERK  OF  A VILLAGE WHEN SUCH PREMISES IS TO BE LOCATED WITHIN THE
BOUNDARIES OF THE VILLAGE. IN THE CITY OF NEW YORK, THE COMMUNITY  BOARD
ESTABLISHED  PURSUANT  TO  SECTION  TWENTY-EIGHT HUNDRED OF THE NEW YORK
CITY CHARTER WITH JURISDICTION OVER THE  AREA  IN  WHICH  SUCH  LICENSED
PREMISES  IS  TO  BE  OR  IS LOCATED SHALL BE CONSIDERED THE APPROPRIATE
PUBLIC BODY TO WHICH NOTIFICATION SHALL BE GIVEN.  SUCH MUNICIPALITY  OR
COMMUNITY  BOARD,  AS  THE  CASE  MAY  BE, MAY EXPRESS AN OPINION FOR OR
AGAINST THE GRANTING OF SUCH LICENSE. ANY SUCH OPINION SHALL  BE  DEEMED
PART  OF  THE RECORD UPON WHICH THE LIQUOR BOARD MAKES ITS DETERMINATION
TO GRANT OR DENY SUCH LICENSE.
  S 7. Section 64-b of the alcoholic beverage control law is amended  by
adding a new subdivision 2-a to read as follows:
  2-A. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, UPON RECEIPT
OF  AN  APPLICATION FOR A LICENSE UNDER THIS SECTION, AN APPLICATION FOR
RENEWAL UNDER SECTION ONE HUNDRED NINE OF THIS CHAPTER, OR  AN  APPLICA-
TION  FOR  AN  ALTERATION  TO A PREMISES LICENSED FOR CONSUMPTION ON THE
PREMISES UNDER SECTION NINETY-NINE-D  OF  THIS  CHAPTER,  THE  APPLICANT
SHALL  NOTIFY  THE  CLERK OF THE VILLAGE, TOWN, OR CITY, AS THE CASE MAY
BE, BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, WHEREIN THE PROSPECTIVE
LICENSED PREMISES IS TO BE LOCATED OR, IN THE CASE OF AN APPLICATION FOR
RENEWAL OR ALTERATION, WHERE IT IS PRESENTLY LOCATED NOT LESS THAN SIXTY
DAYS PRIOR TO THE SUBMISSION OF ITS APPLICATION FOR A LICENSE UNDER THIS
SECTION, FOR A RENEWAL THEREOF PURSUANT TO SECTION ONE HUNDRED  NINE  OF
THIS CHAPTER, OR AN ALTERATION TO A PREMISES LICENSED FOR CONSUMPTION ON
THE  PREMISES  UNDER  SECTION  NINETY-NINE-D  OF  THIS  CHAPTER. FOR THE

A. 3282--A                          5

PURPOSES OF THE PRECEDING SENTENCE, NOTIFICATION NEED ONLY BE  GIVEN  TO
THE  CLERK  OF  A VILLAGE WHEN SUCH PREMISES IS TO BE LOCATED WITHIN THE
BOUNDARIES OF THE VILLAGE. IN THE CITY OF NEW YORK, THE COMMUNITY  BOARD
ESTABLISHED  PURSUANT  TO  SECTION  TWENTY-EIGHT HUNDRED OF THE NEW YORK
CITY CHARTER WITH JURISDICTION OVER THE  AREA  IN  WHICH  SUCH  LICENSED
PREMISES  IS  TO  BE  OR  IS LOCATED SHALL BE CONSIDERED THE APPROPRIATE
PUBLIC BODY TO WHICH NOTIFICATION SHALL BE GIVEN.  SUCH MUNICIPALITY  OR
COMMUNITY  BOARD,  AS  THE  CASE  MAY  BE, MAY EXPRESS AN OPINION FOR OR
AGAINST THE GRANTING OF SUCH LICENSE. ANY SUCH OPINION SHALL  BE  DEEMED
PART  OF  THE RECORD UPON WHICH THE LIQUOR BOARD MAKES ITS DETERMINATION
TO GRANT OR DENY SUCH LICENSE.
  S 8. Subdivision 3 of section 64-c of the alcoholic  beverage  control
law,  as added by chapter 538 of the laws of 1997, is amended to read as
follows:
  3. Upon receipt of an  original  [or  a  renewal]  application  for  a
license under this section, AN APPLICATION FOR RENEWAL UNDER SECTION ONE
HUNDRED  NINE  OF THIS CHAPTER, OR AN APPLICATION FOR AN ALTERATION TO A
PREMISES LICENSED FOR CONSUMPTION ON THE PREMISES UNDER SECTION  NINETY-
NINE-D  OF  THIS  CHAPTER,  the  applicant shall notify the clerk of the
village, town  or city, as the case may be, by  certified  mail,  return
receipt  requested,  wherein  the prospective licensed premises is to be
located or, in the case of an application  for  renewal  OR  ALTERATION,
where it is presently located not less than [thirty] SIXTY days prior to
the submission of its application for a license under this section [or],
for  a  renewal thereof  UNDER SECTION ONE HUNDRED NINE OF THIS CHAPTER,
OR AN ALTERATION TO A PREMISES LICENSED FOR CONSUMPTION ON THE  PREMISES
UNDER  SECTION  NINETY-NINE-D  OF THIS CHAPTER.  For the purposes of the
preceding sentence, notification need only be given to the  clerk  of  a
village when such premises is to be located within the boundaries of the
village.    In  the  city  of  New York, the community board established
pursuant to section twenty-eight hundred of the New  York  city  charter
with jurisdiction over the area in which such licensed premises is to be
OR  IS  located shall be considered the appropriate public body to which
notification shall be given.  Such municipality or community  board,  as
the  case  may be, may express an opinion for or against the granting of
such license.  Any such opinion shall be deemed part of the record  upon
which  the  liquor  authority   makes its determination to grant or deny
such license.
  S 9. Subdivision 3 of section 64-d of the alcoholic  beverage  control
law,  as added by chapter 602 of the laws of 1999, is amended to read as
follows:
  3. Upon receipt of an  original  [or  a  renewal]  application  for  a
license under this section, AN APPLICATION FOR RENEWAL UNDER SECTION ONE
HUNDRED  NINE  OF THIS CHAPTER, OR AN APPLICATION FOR AN ALTERATION TO A
PREMISES LICENSED FOR CONSUMPTION ON THE PREMISES UNDER SECTION  NINETY-
NINE-D  OF  THIS  CHAPTER,  the  applicant shall notify the clerk of the
village, town, or city, as the case may be, by  certified  mail,  return
receipt  requested,  wherein  the prospective licensed premises is to be
located or, in the case of an application  for  renewal  OR  ALTERATION,
where it is presently located[,] not less than [thirty] SIXTY days prior
to  the  submission  of its application for a license under this section
[or], for a renewal thereof UNDER SECTION ONE HUNDRED NINE OF THIS CHAP-
TER, OR AN ALTERATION TO A PREMISES  LICENSED  FOR  CONSUMPTION  ON  THE
PREMISES  UNDER SECTION NINETY-NINE-D OF THIS CHAPTER.  For the purposes
of the preceding sentence, notification need only be given to the  clerk
of  a  village when such premises is to be located within the boundaries

A. 3282--A                          6

of the village. In the city of New York, the community board established
pursuant to section twenty-eight hundred of the New  York  city  charter
with jurisdiction over the area in which such licensed premises is to be
OR  IS  located shall be considered the appropriate public body to which
notification shall be given.  Such municipality or community  board,  as
the  case  may be, may express an opinion for or against the granting of
such license. Any such opinion shall be deemed part of the  record  upon
which the liquor authority makes its determination to grant or deny such
license.
  S  10. Subdivision 1-a of section 81 of the alcoholic beverage control
law, as added by chapter 582 of the laws of 1999, is amended to read  as
follows:
  1-a. Notwithstanding any other provision of this chapter, upon receipt
[in  the  city  of  New York] of an application for a license under this
section, an application for renewal under section one  hundred  nine  of
this chapter, or an application for an alteration to a premises licensed
for  consumption  on  the  premises  under section ninety-nine-d of this
chapter, the applicant shall notify  the  [community  board  established
pursuant  to  section  twenty-eight hundred of the New York city charter
with jurisdiction over the area in which such licensed premises is to be
located  by  certified  mail,  return  receipt  requested,  wherein  the
prospective  licensed  premises  is  to be located or, in the case of an
application for renewal, or alteration where it is presently located not
less than thirty days prior to the submission of its application  for  a
license  under this section or for a renewal thereof pursuant to section
one hundred nine of this chapter. Such community board  may  express  an
opinion  for  or  against the granting of such license. Any such opinion
shall be deemed part of the record upon which the liquor board makes its
determination to grant or deny such license] CLERK OF THE VILLAGE, TOWN,
OR CITY,  AS  THE  CASE  MAY  BE,  BY  CERTIFIED  MAIL,  RETURN  RECEIPT
REQUESTED,  WHEREIN  THE  PROSPECTIVE LICENSED PREMISES IS TO BE LOCATED
OR, IN THE CASE OF AN APPLICATION FOR RENEWAL UNDER SECTION ONE  HUNDRED
NINE  OF  THIS  CHAPTER  OR  AN  ALTERATION  TO  A PREMISES LICENSED FOR
CONSUMPTION ON THE PREMISES UNDER SECTION NINETY-NINE-D OF THIS CHAPTER,
WHERE IT IS PRESENTLY LOCATED NOT LESS THAN  SIXTY  DAYS  PRIOR  TO  THE
SUBMISSION  OF  ITS  APPLICATION FOR A LICENSE UNDER THIS SECTION, FOR A
RENEWAL THEREOF PURSUANT TO SECTION ONE HUNDRED NINE OF THIS CHAPTER, OR
AN ALTERATION TO A PREMISES LICENSED FOR  CONSUMPTION  ON  THE  PREMISES
UNDER  SECTION  NINETY-NINE-D  OF  THIS CHAPTER. FOR THE PURPOSES OF THE
PRECEDING SENTENCE, NOTIFICATION NEED ONLY BE GIVEN TO THE  CLERK  OF  A
VILLAGE WHEN SUCH PREMISES IS TO BE LOCATED WITHIN THE BOUNDARIES OF THE
VILLAGE. IN THE CITY OF NEW YORK, THE COMMUNITY BOARD ESTABLISHED PURSU-
ANT  TO  SECTION  TWENTY-EIGHT HUNDRED OF THE NEW YORK CITY CHARTER WITH
JURISDICTION OVER THE AREA IN WHICH SUCH LICENSED PREMISES IS TO  BE  OR
IS  LOCATED  SHALL  BE  CONSIDERED  THE APPROPRIATE PUBLIC BODY TO WHICH
NOTIFICATION SHALL BE GIVEN.  SUCH MUNICIPALITY OR COMMUNITY  BOARD,  AS
THE  CASE  MAY BE, MAY EXPRESS AN OPINION FOR OR AGAINST THE GRANTING OF
SUCH LICENSE. ANY SUCH OPINION SHALL BE DEEMED PART OF THE  RECORD  UPON
WHICH  THE  LIQUOR  BOARD  MAKES ITS DETERMINATION TO GRANT OR DENY SUCH
LICENSE.
  S 11. Section 81-a of the alcoholic beverage control law is amended by
adding a new subdivision 1-a to read as follows:
  1-A. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, UPON RECEIPT
OF AN APPLICATION FOR A LICENSE UNDER THIS SECTION, AN  APPLICATION  FOR
RENEWAL  UNDER  SECTION ONE HUNDRED NINE OF THIS CHAPTER, OR AN APPLICA-
TION FOR AN ALTERATION TO A PREMISES LICENSED  FOR  CONSUMPTION  ON  THE

A. 3282--A                          7

PREMISES  UNDER  SECTION  NINETY-NINE-D  OF  THIS CHAPTER, THE APPLICANT
SHALL NOTIFY THE CLERK OF THE VILLAGE, TOWN, OR CITY, AS  THE  CASE  MAY
BE, BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, WHEREIN THE PROSPECTIVE
LICENSED PREMISES IS TO BE LOCATED OR, IN THE CASE OF AN APPLICATION FOR
RENEWAL OR ALTERATION, WHERE IT IS PRESENTLY LOCATED NOT LESS THAN SIXTY
DAYS PRIOR TO THE SUBMISSION OF ITS APPLICATION FOR A LICENSE UNDER THIS
SECTION,  FOR  A RENEWAL THEREOF PURSUANT TO SECTION ONE HUNDRED NINE OF
THIS CHAPTER, OR AN ALTERATION TO A PREMISES LICENSED FOR CONSUMPTION ON
THE PREMISES UNDER  SECTION  NINETY-NINE-D  OF  THIS  CHAPTER.  FOR  THE
PURPOSES  OF  THE PRECEDING SENTENCE, NOTIFICATION NEED ONLY BE GIVEN TO
THE CLERK OF A VILLAGE WHEN SUCH PREMISES IS TO BE  LOCATED  WITHIN  THE
BOUNDARIES  OF THE VILLAGE. IN THE CITY OF NEW YORK, THE COMMUNITY BOARD
ESTABLISHED PURSUANT TO SECTION TWENTY-EIGHT HUNDRED  OF  THE  NEW  YORK
CITY  CHARTER  WITH  JURISDICTION  OVER  THE AREA IN WHICH SUCH LICENSED
PREMISES IS TO BE OR IS LOCATED  SHALL  BE  CONSIDERED  THE  APPROPRIATE
PUBLIC  BODY TO WHICH NOTIFICATION SHALL BE GIVEN.  SUCH MUNICIPALITY OR
COMMUNITY BOARD, AS THE CASE MAY BE,  MAY  EXPRESS  AN  OPINION  FOR  OR
AGAINST  THE  GRANTING OF SUCH LICENSE. ANY SUCH OPINION SHALL BE DEEMED
PART OF THE RECORD UPON WHICH THE LIQUOR BOARD MAKES  ITS  DETERMINATION
TO GRANT OR DENY SUCH LICENSE.
  S  12.  Subdivision 7 of section 100 of the alcoholic beverage control
law, as added by chapter 256 of the laws of 1978, is amended to read  as
follows:
  7.  Within  ten  days  after  filing a new application to sell BEER AT
RETAIL UNDER SUBDIVISION THREE OR FOUR OF SECTION FIFTY-ONE, OR  SECTION
FIFTY-TWO,  FIFTY-FOUR,  FIFTY-FOUR-A,  OR  FIFTY-FIVE  OF THIS CHAPTER,
liquor at retail under  section  sixty-three,  sixty-four,  sixty-four-a
[or],  sixty-four-b,  SIXTY-FOUR-C,  OR SIXTY-FOUR-D of this chapter, OR
WINE AT RETAIL UNDER SECTION EIGHTY-ONE OR EIGHTY-ONE-A OF THIS CHAPTER,
a notice thereof, in the form prescribed  by  the  authority,  shall  be
posted  by  the  applicant in a conspicuous place at the entrance to the
proposed premises. The applicant shall make reasonable efforts to insure
such notice shall remain posted throughout the pendency of the  applica-
tion.  The  provisions  hereof shall apply only where no retail [liquor]
ALCOHOLIC BEVERAGE license has previously been granted for the  proposed
[premise]  PREMISES  and  shall,  specifically,  not  be applicable to a
proposed sale of an existing business engaged  in  the  retail  sale  of
liquor.  The  authority  may  adopt  such rules it may deem necessary to
carry out the purpose of this subdivision.
  S 13. Subdivision 1 of section 110-a of the alcoholic beverage control
law, as added by chapter 77 of the laws of 1999, is amended to  read  as
follows:
  1.  Every  person  applying  for a license to sell alcoholic beverages
pursuant to subdivision THREE OR four of section fifty-one,  or  section
FIFTY-TWO,  FIFTY-FOUR,  FIFTY-FOUR-A,  fifty-five,  SIXTY-THREE, sixty-
four,   sixty-four-a,    SIXTY-FOUR-B,    sixty-four-c,    SIXTY-FOUR-D,
eighty-one, or eighty-one-a of this chapter shall publish notice thereof
pursuant to subdivision two of this section.
  S  14.  This  act  shall  take effect on the one hundred twentieth day
after it shall have become a law;  provided,  however,  that  the  state
liquor authority is authorized to promulgate any and all rules and regu-
lations and take any other measures necessary for the timely implementa-
tion of this act on its effective date on or before such date.

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Archive: Last Bill Status - In Assembly Committee

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