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Assembly Bill A8519

2009-2010 Legislative Session

Relates to making the provisions governing liquor licenses consistent with respect to public interest factors

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2009-A8519 - Details

See Senate Version of this Bill:
S5577
Current Committee:
Assembly Codes
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §§64, 64-a, 64-b & 64-c, ABC L
Versions Introduced in Other Legislative Sessions:
2011-2012: S25
2013-2014: S205
2015-2016: S197
2017-2018: S151, S7079
2019-2020: S2360
2021-2022: S3117

2009-A8519 - Summary

Relates to making the provisions governing liquor licenses consistent with respect to public interest factors.

2009-A8519 - Bill Text download pdf

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

                                  8519

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 26, 2009
                               ___________

Introduced  by  M.  of  A.  SCHIMMINGER -- 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
  making   the  provisions  governing  the  various  on-premises  liquor
  licenses consistent with respect to public interest factors  that  may
  be considered by the state liquor authority when evaluating the merits
  of a license application

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

  Section 1. Subdivision 6-a of section 64  of  the  alcoholic  beverage
control  law, as added by chapter 670 of the laws of 1993, is amended to
read as follows:
  6-a. The authority [may] SHALL consider [any or] all of the  following
in  determining  whether public convenience and advantage and the public
interest will be promoted by the granting of [licenses and  permits  for
the  sale  of alcoholic beverages at a particular unlicensed location] A
LICENSE PURSUANT TO THIS SECTION:
  (a) [The] THE number, classes and character of licenses  in  proximity
to the location and in the particular municipality or subdivision there-
of[.];
  (b)  [Evidence]  EVIDENCE that all necessary licenses and permits have
been obtained from the state and all other governing bodies[.];
  (c) [Effect] EFFECT of the grant of the license on  vehicular  traffic
and parking in proximity to the location[.];
  (d) [The] THE existing noise level at the location and any increase in
noise level that would be generated by the proposed premises[.];
  (e)  [The]  THE  history  of  liquor  violations and reported criminal
activity at the proposed premises[.]; AND
  (f) [Any] ANY other factors specified by law or  regulation  that  are
relevant  to  determine the public convenience and advantage [and public
interest of the community] AND NECESSARY TO FIND THAT  THE  GRANTING  OF
SUCH LICENSE SHALL BE IN THE PUBLIC INTEREST.
  S  2. Section 64-a of the alcoholic beverage control law is amended by
adding a new subdivision 6-a to read as follows:

              

2009-A8519A (ACTIVE) - Details

See Senate Version of this Bill:
S5577
Current Committee:
Assembly Codes
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §§64, 64-a, 64-b & 64-c, ABC L
Versions Introduced in Other Legislative Sessions:
2011-2012: S25
2013-2014: S205
2015-2016: S197
2017-2018: S151, S7079
2019-2020: S2360
2021-2022: S3117

2009-A8519A (ACTIVE) - Summary

Relates to making the provisions governing liquor licenses consistent with respect to public interest factors.

2009-A8519A (ACTIVE) - Sponsor Memo

2009-A8519A (ACTIVE) - Bill Text download pdf

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

                                 8519--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 26, 2009
                               ___________

Introduced  by  M.  of  A.  SCHIMMINGER,  SILVER, GLICK -- read once and
  referred to the  Committee  on  Economic  Development,  Job  Creation,
  Commerce and Industry -- committed to the Committee on Economic Devel-
  opment,  Job  Creation, Commerce and Industry -- 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
  making  the  provisions  governing  the  various  on-premises   liquor
  licenses  consistent  with respect to public interest factors that may
  be considered by the state liquor authority when evaluating the merits
  of a license application

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

  Section  1.  Subdivision  6-a  of section 64 of the alcoholic beverage
control law, as added by chapter 670 of the laws of 1993, is amended  to
read as follows:
  6-a.  The authority [may] SHALL consider [any or] all of the following
in determining whether public convenience and advantage and  the  public
interest  will  be promoted by the granting of [licenses and permits for
the sale of alcoholic beverages at a particular unlicensed  location]  A
LICENSE PURSUANT TO THIS SECTION:
  (a)  [The]  THE number, classes and character of licenses in proximity
to the location and in the particular municipality or subdivision there-
of[.];
  (b) [Evidence] EVIDENCE that all necessary licenses and  permits  have
been obtained from the state and all other governing bodies[.];
  (c)  [Effect]  EFFECT of the grant of the license on vehicular traffic
and parking in proximity to the location[.];
  (d) [The] THE existing noise level at the location and any increase in
noise level that would be generated by the proposed premises[.];

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11172-02-0

              

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