Assembly Bill A3827

2009-2010 Legislative Session

Revises procedures for issuance of retail and special retail liquor licenses for on-premises consumption for premises within 500 feet of 3 or more existing premises

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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
Jan 27, 2010	print number 3827a
Jan 27, 2010	amend and recommit to economic development
Jan 20, 2010	committed to economic development
Jan 06, 2010	ordered to third reading cal.291 returned to assembly died in senate
Mar 05, 2009	referred to commerce, economic development and small business delivered to senate passed assembly
Feb 26, 2009	advanced to third reading cal.155
Feb 24, 2009	reported
Jan 28, 2009	referred to economic development

Bill Amendments

Original

A (Active)

2009-A3827 - Details

See Senate Version of this Bill:: S5508
Current Committee:: Assembly Economic Development
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §§64 & 64-a, ABC L
Versions Introduced in 2011-2012 Legislative Session:: A584, S575

2009-A3827 - Summary

Revises procedures regarding the issuance of both retail and special retail liquor licenses for on-premises consumption for premises located within 500 feet of 3 or more existing premises in cities, towns and villages of twenty thousand or more; provides that the hearing which the authority is required to hold before issuing such a license may be rescheduled, adjourned or continued and that the authority must give notice to the applicant and the municipality or community board of such rescheduled, adjourned or continued hearing; and provides that the authority or commissioners thereof may also hold a public meeting in connection with issuance of such a license which may also be rescheduled, adjourned or continued, and that the authority must give notice to the applicant and the municipality or community board of the meeting, including any rescheduled, adjourned or continued meeting.

2009-A3827 - Bill Text download pdf

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

                                  3827

                       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 -- 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
  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 602  of  the  laws  of
1999, is amended to read as follows:
  (f)  Notwithstanding  the provisions of paragraph (b) of this subdivi-
sion, the authority may issue a retail license for on-premises  consump-
tion  for a premises which shall be within five hundred feet of three or
more existing premises licensed and operating pursuant to the provisions
of this section 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.  THE HEARING MAY BE RESCHEDULED, ADJOURNED OR  CONTIN-
UED,  AND THE AUTHORITY SHALL GIVE NOTICE TO THE APPLICANT AND THE MUNI-
CIPALITY OR COMMUNITY  BOARD  OF  ANY  SUCH  RESCHEDULED,  ADJOURNED  OR
CONTINUED  HEARING.    BEFORE THE AUTHORITY ISSUES ANY SAID LICENSE, THE
AUTHORITY OR ONE OR MORE OF THE COMMISSIONERS THEREOF MAY,  IN  ADDITION
TO THE HEARING REQUIRED BY THIS PARAGRAPH, ALSO CONDUCT A PUBLIC MEETING
REGARDING  SAID  LICENSE,  UPON  NOTICE TO THE APPLICANT AND THE MUNICI-
PALITY OR COMMUNITY  BOARD.  THE  PUBLIC  MEETING  MAY  BE  RESCHEDULED,
ADJOURNED  OR  CONTINUED,  AND  THE  AUTHORITY  SHALL GIVE NOTICE TO THE
APPLICANT AND THE MUNICIPALITY OR COMMUNITY BOARD OF ANY  SUCH  RESCHED-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05926-01-9

A. 3827                             2

ULED,  ADJOURNED OR CONTINUED PUBLIC MEETING. 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  scheduled  pursuant to this paragraph. 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 pursu-
ant 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 operating and licensed
pursuant to this section.
  S 2. Paragraph (d) of subdivision 7 of section 64-a of  the  alcoholic
beverage  control law, as amended by chapter 177 of the laws of 1996, is
amended to read as follows:
  (d) Notwithstanding the provisions of subparagraph (ii)  of  paragraph
(a)  of  this  subdivision, the authority may issue a retail license for
on-premises consumption for  a  premises  which  shall  be  within  five
hundred  feet  of three or more existing premises licensed and operating
pursuant to the provisions of this section if, after  consultation  with
the  municipality  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.  THE HEARING MAY BE RESCHED-
ULED, ADJOURNED OR CONTINUED, AND THE AUTHORITY SHALL GIVE NOTICE TO THE
APPLICANT AND THE MUNICIPALITY OR COMMUNITY BOARD OF ANY  SUCH  RESCHED-
ULED,  ADJOURNED  OR CONTINUED HEARING.  BEFORE THE AUTHORITY ISSUES ANY
SAID LICENSE, THE AUTHORITY OR ONE OR MORE OF THE COMMISSIONERS  THEREOF
MAY, IN ADDITION TO THE HEARING REQUIRED BY THIS PARAGRAPH, ALSO CONDUCT
A  PUBLIC  MEETING  REGARDING SAID LICENSE, UPON NOTICE TO THE APPLICANT
AND THE MUNICIPALITY OR COMMUNITY  BOARD.  THE  PUBLIC  MEETING  MAY  BE
RESCHEDULED, ADJOURNED OR CONTINUED, AND THE AUTHORITY SHALL GIVE NOTICE
TO  THE  APPLICANT  AND  THE MUNICIPALITY OR COMMUNITY BOARD OF ANY SUCH
RESCHEDULED, ADJOURNED OR CONTINUED PUBLIC MEETING. 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 prem-
ises are operating and licensed pursuant to this section.
  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.

2009-A3827A (ACTIVE) - Details

See Senate Version of this Bill:: S5508
Current Committee:: Assembly Economic Development
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §§64 & 64-a, ABC L
Versions Introduced in 2011-2012 Legislative Session:: A584, S575

2009-A3827A (ACTIVE) - Summary

2009-A3827A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A3827A

TITLE  OF BILL:   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

PURPOSE  OR  GENERAL  IDEA OF BILL: This bill revises procedures for the
issuance of retail licenses and special retail licenses for  on-premises
consumption  for  premises  within  five  hundred  feet of three or more
existing premises.

SUMMARY OF SPECIFIC  PROVISIONS:  Paragraph  (f)  of  subdivision  7  of
section  64 of the alcoholic beverage control law, as amended by chapter
463 of the laws of 2009, and 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 are amended as follows:

The hearing may be rescheduled, adjourned or continued, and the authori-
ty  shall give notice to the applicant and the municipality or community
board of any such rescheduled, adjourned or  continued  hearing.  Before
the  authority  issues any said license, the authority or one or more of
the commissioners thereof may, in addition to the  hearing  required  by
this  paragraph,  also  conduct a public meeting regarding said license,

upon notice to the applicant and the municipality  or  community  board.
The  public  meeting may be rescheduled, adjourned or continued, and the
authority shall give notice to the applicant  and  the  municipality  or
community  board  of any such rescheduled, adjourned or continued public
meeting.

JUSTIFICATION: The State Liquor Authority is prohibited from  issuing  a
retail  license  for  on-premises consumption to any establishment to be
located within five hundred feet of three or more licensed and operating
establishments, this prohibition is commonly referred  to  as  the  five
hundred  foot  rule. The five hundred foot rule was enacted to alleviate
the problems caused by the over-saturation of residential  neighborhoods
by  late night bars and clubs. The five hundred foot rule may be waived,
however, if after consultation  with  the  community  board  the  Liquor
Authority  determines that issuing such a license would be in the public
interest. A public hearing must be conducted before the Liquor Authority
can issue any such license during which the community must  be  provided
an opportunity to present oral testimony on the application.

While  the Liquor Authority must provide notice of the five hundred foot
hearing to the municipality or community board, it is  not  required  to
provide notice of subsequent meetings on the application.  Specifically,
it  need not provide notice to the community of its final meeting on the
application during which it decides whether to grant the  license.  This
measure  would require the Liquor Authority to provide written notice to
the municipality or community board of all subsequent  meetings  on  the

application,  as  it  is  imperative  that  the community be provided an
opportunity to weigh in on the application during  the  decision  making
period.

PRIOR  LEGISLATIVE  HISTORY:    A.594/S.4775 of 2001-02 A.248 of 2003-04
A.1628 of 2005-06 A.1959 of 2007-2008

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect 90 days after it  shall  have
become a law.

2009-A3827A (ACTIVE) - Bill Text download pdf

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

                                 3827--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 -- 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  commit-
  tee

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.  THE HEARING MAY BE RESCHEDULED, ADJOURNED OR CONTIN-
UED, AND THE AUTHORITY SHALL GIVE NOTICE TO THE APPLICANT AND THE  MUNI-
CIPALITY  OR  COMMUNITY  BOARD  OF  ANY  SUCH  RESCHEDULED, ADJOURNED OR
CONTINUED HEARING.  BEFORE THE AUTHORITY ISSUES ANY  SAID  LICENSE,  THE
AUTHORITY  OR  ONE OR MORE OF THE COMMISSIONERS THEREOF MAY, IN ADDITION
TO THE HEARING REQUIRED BY THIS PARAGRAPH, ALSO CONDUCT A PUBLIC MEETING
REGARDING SAID LICENSE, UPON NOTICE TO THE  APPLICANT  AND  THE  MUNICI-
PALITY  OR  COMMUNITY  BOARD.  THE  PUBLIC  MEETING  MAY BE RESCHEDULED,
ADJOURNED OR CONTINUED, AND THE  AUTHORITY  SHALL  GIVE  NOTICE  TO  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05926-02-0

A. 3827--A                          2

APPLICANT  AND  THE MUNICIPALITY OR COMMUNITY BOARD OF ANY SUCH RESCHED-
ULED, ADJOURNED OR CONTINUED PUBLIC MEETING. 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  scheduled  pursuant to this paragraph. 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 pursu-
ant 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.  Upon  the  request  of  the
authority, any municipality or community board may waive the fifteen day
notice  requirement.    THE  HEARING  MAY  BE  RESCHEDULED, ADJOURNED OR
CONTINUED, AND THE AUTHORITY SHALL GIVE NOTICE TO THE APPLICANT AND  THE
MUNICIPALITY  OR  COMMUNITY  BOARD OF ANY SUCH RESCHEDULED, ADJOURNED OR
CONTINUED HEARING.  BEFORE THE AUTHORITY ISSUES ANY  SAID  LICENSE,  THE
AUTHORITY  OR  ONE OR MORE OF THE COMMISSIONERS THEREOF MAY, IN ADDITION
TO THE HEARING REQUIRED BY THIS PARAGRAPH, ALSO CONDUCT A PUBLIC MEETING
REGARDING SAID LICENSE, UPON NOTICE TO THE  APPLICANT  AND  THE  MUNICI-
PALITY  OR  COMMUNITY  BOARD.  THE  PUBLIC  MEETING  MAY BE RESCHEDULED,
ADJOURNED OR CONTINUED, AND THE  AUTHORITY  SHALL  GIVE  NOTICE  TO  THE
APPLICANT  AND  THE MUNICIPALITY OR COMMUNITY BOARD OF ANY SUCH RESCHED-
ULED, ADJOURNED OR CONTINUED PUBLIC MEETING.  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.

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Assembly Bill A3827

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Actions

Bill Amendments

2009-A3827 - Details

2009-A3827 - Summary

2009-A3827 - Bill Text download pdf

2009-A3827A (ACTIVE) - Details

2009-A3827A (ACTIVE) - Summary

2009-A3827A (ACTIVE) - Sponsor Memo

2009-A3827A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

LENTOL

Archive: Last Bill Status - In Assembly Committee

Actions

Bill Amendments

2009-A3827 - Details

2009-A3827 - Summary

2009-A3827 - Bill Text download pdf

2009-A3827A (ACTIVE) - Details

2009-A3827A (ACTIVE) - Summary

2009-A3827A (ACTIVE) - Sponsor Memo

2009-A3827A (ACTIVE) - Bill Text download pdf

Comments