S T A T E O F N E W Y O R K
________________________________________________________________________
3743--A
2009-2010 Regular Sessions
I N A S S E M B L Y
January 28, 2009
___________
Introduced by M. of A. LENTOL, V. LOPEZ, GOTTFRIED -- read once and
referred to the Committee on Economic Development, Job Creation,
Commerce and Industry - committed to Economic Development -- 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
procedures associated with issuing retail and special retail licenses
to sell liquor for on-premises consumption regarding premises located
within five hundred feet of three or more existing premises in cities,
towns and villages having a population of twenty thousand or more
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (f) of subdivision 7 of section 64 of the alco-
holic beverage control law, as amended by chapter 463 of the laws of
2009, is amended to read as follows:
(f) Notwithstanding the provisions of paragraph (b) of this subdivi-
sion, the authority may issue a license pursuant to this section for a
premises which shall be within five hundred feet of three or more exist-
ing premises licensed and operating pursuant to this section and
sections sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d
of this article if, after consultation with the municipality or communi-
ty board, it determines that granting such license would be in the
public interest. Before it may issue any such license, the authority
shall conduct a hearing, upon notice to the applicant and the munici-
pality or community board, and shall state and file in its office its
reasons therefor. Notice to the municipality or community board shall
mean written notice mailed by the authority to such municipality or
community board at least fifteen days in advance of any hearing sched-
uled pursuant to this paragraph AND SHALL INCLUDE THE DATE, TIME AND
PLACE THEREOF. IN ADDITION, SUCH NOTICE TO THE MUNICIPALITY OR COMMUNI-
TY BOARD OF A HEARING SCHEDULED PURSUANT TO THIS PARAGRAPH SHALL INCLUDE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05923-02-0
A. 3743--A 2
A COPY OF THE APPLICATION FOR SAID LICENSE. PROVIDED, HOWEVER, THAT THE
COPY OF SAID APPLICATION INCLUDED WITH SAID NOTICE SHALL NOT INCLUDE THE
HOME ADDRESS, HOME TELEPHONE NUMBER OR SOCIAL SECURITY NUMBER OF ANY
INDIVIDUAL; AND PROVIDED FURTHER THAT THE AUTHORITY, IN ITS DISCRETION,
MAY REDACT ANY OTHER PERSONAL INFORMATION CONTAINED IN SUCH APPLICATION
IN ORDER TO PREVENT AN UNWARRANTED INVASION OF AN INDIVIDUAL'S PRIVACY.
Upon the request of the authority, any municipality or community board
may waive the fifteen day notice requirement. No premises having been
granted a license pursuant to this section shall be denied a renewal of
such license upon the grounds that such premises are within five hundred
feet of a building or buildings wherein three or more premises are
licensed and operating pursuant to this section and sections
sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d of this
article.
S 2. Paragraph (d) of subdivision 7 of section 64-a of the alcoholic
beverage control law, as amended by chapter 463 of the laws of 2009, is
amended to read as follows:
(d) Notwithstanding the provisions of subparagraph (ii) of paragraph
(a) of this subdivision, the authority may issue a license pursuant to
this section for a premises which shall be within five hundred feet of
three or more existing premises licensed and operating pursuant to this
section and sections sixty-four, sixty-four-b, sixty-four-c, and/or
sixty-four-d of this article if, after consultation with the munici-
pality or community board, it determines that granting such license
would be in the public interest. Before it may issue any such license,
the authority shall conduct a hearing, upon notice to the applicant and
the municipality or community board, and shall state and file in its
office its reasons therefor. Notice to the municipality or community
board shall mean written notice mailed by the authority to such munici-
pality or community board at least fifteen days in advance of any hear-
ing scheduled pursuant to this paragraph AND SHALL INCLUDE THE DATE,
TIME AND PLACE THEREOF. Upon the request of the authority, any munici-
pality or community board may waive the fifteen day notice requirement.
IN ADDITION, SUCH NOTICE TO THE MUNICIPALITY OR COMMUNITY BOARD OF A
HEARING SCHEDULED PURSUANT TO THIS PARAGRAPH SHALL INCLUDE A COPY OF THE
APPLICATION FOR SAID LICENSE. PROVIDED, HOWEVER, THAT THE COPY OF SAID
APPLICATION INCLUDED WITH SAID NOTICE SHALL NOT INCLUDE THE HOME
ADDRESS, HOME TELEPHONE NUMBER OR SOCIAL SECURITY NUMBER OF ANY INDIVID-
UAL; AND PROVIDED FURTHER THAT THE AUTHORITY, IN ITS DISCRETION, MAY
REDACT ANY OTHER PERSONAL INFORMATION CONTAINED IN SUCH APPLICATION IN
ORDER TO PREVENT AN UNWARRANTED INVASION OF AN INDIVIDUAL'S PRIVACY. No
premises having been granted a license pursuant to this section shall be
denied a renewal of such license upon the grounds that such premises are
within five hundred feet of a building or buildings wherein three or
more premises are licensed and operating pursuant to this section and
sections sixty-four, sixty-four-b, sixty-four-c, and/or sixty-four-d of
this article.
S 3. This act shall take effect on the ninetieth day after it shall
have become a law and shall apply to all applications for a retail
license, or special retail license, for on-premises consumption for
premises within five hundred feet of existing licensed premises that are
pending before or filed with the state liquor authority on or after such
effective date. Effective immediately any rules or regulations neces-
sary or convenient to implement the provisions of this act are author-
ized to be promulgated on or before such effective date.