Senate Bill S5577

2009-2010 Legislative Session

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

download bill text pdf

Archive: Last Bill Status Via A8519 - 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
May 04, 2010	reported referred to codes
Mar 09, 2010	print number 8519a
Mar 09, 2010	amend and recommit to economic development
Jan 20, 2010	committed to economic development
Jan 06, 2010	ordered to third reading cal.600 returned to assembly died in senate
Jul 16, 2009	recommitted to rules 3rd reading cal.864 substituted for s5577
Mar 08, 2010	referred to economic development delivered to assembly passed senate
Mar 04, 2010	amended on third reading 5577a
Mar 01, 2010	advanced to third reading
Feb 24, 2010	2nd report cal.
Feb 23, 2010	1st report cal.174
Jan 06, 2010	referred to commerce, economic development and small business
Jul 16, 2009	substituted by a8519
Jul 15, 2009	ordered to third reading cal.864 committee discharged and committed to rules
May 19, 2009	referred to commerce, economic development and small business

Votes

- Mar 8, 2010 - Floor Vote
  S5577
  
  Aye
  
  59
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  2
  
  Abstained
  
  0
  - - Floor Vote: Mar 8, 2010
      
      aye (59)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Foley
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      excused (2)
      
      Fuschillo
      
      Morahan
  Jul 15, 2009 - Rules Committee Vote
  S5577
  
  Aye
  
  22
  
  Nay
  
  0
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  1
  
  Abstained
  
  0
  - - Rules Committee Vote: Jul 15, 2009
      
      aye (22)
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Hannon
      
      Hassell-Thompson
      
      Klein
      
      Krueger
      
      LaValle
      
      Larkin
      
      Monserrate
      
      Montgomery
      
      Padavan
      
      Parker
      
      Saland
      
      Serrano
      
      Seward
      
      Smith
      
      Stachowski
      
      Stewart-Cousins
      
      Valesky
      
      Volker
      
      aye wr (1)
      
      Skelos
      
      excused (1)
      
      Johnson
  Feb 23, 2010 - Commerce, Economic Development And Small Business Committee Vote
  S5577
  
  Aye
  
  7
  
  Nay
  
  0
  
  Aye with Reservations
  
  4
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Commerce, Economic Development And Small Business Committee Vote: Feb 23, 2010
      
      aye (7)
      
      Alesi
      
      Aubertine
      
      Espada
      
      Foley
      
      Robach
      
      Stachowski
      
      Stewart-Cousins
      
      aye wr (4)
      
      Fuschillo
      
      Griffo
      
      Hassell-Thompson
      
      Volker
      
      absent (1)
      
      Parker

Bill Amendments

Original

A (Active)

2009-S5577 - Details

See Assembly Version of this Bill:: A8519
Current Committee:: Assembly Economic Development
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-S5577 - Summary

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

2009-S5577 - Sponsor Memo

                                 BILL NUMBER:  S5577

 TITLE OF BILL :
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


 PURPOSE :
This bill would make consistent the factors that shall be considered
by the State Liquor Authority (SLA) when determining whether public
convenience and advantage, and the public interest will be promoted by
the granting of any of the on-premises liquor licenses provided for in
Article 5 of the Alcoholic Beverage Control (ABC) Law.

 SUMMARY OF PROVISIONS :
Sections 1 through 4 of the bill would amend ABC Law §§ 64{6-a), 64-a,
64-b and 64-c to establish a consistent standard with respect to the
factors that shall be considered by the SLA when determining whether
public convenience and advantage, and the public interest will be
promoted by the grant of a specific on-premises liquor license to a
particular applicant.

Section 5 of the bill would provide for an immediate effective date.

 EXISTING LAW :
ABC Law § 64(6-a) sets forth certain factors that the SLA can consider
when evaluating the merits of an application for an on-premises
restaurant liquor license. However, the ABC Law does not explicitly
state that such factors may be considered for on-premises liquor
licenses at taverns (§ 64-a), bottle clubs (§ 64-b), or
restaurant-brewer (§ 64-c).

 JUSTIFICATION :
In 1993, Article 5 of the ABC Law provided for essentially three types
of on-premises liquor license: restaurant (§ 64), tavern (§ 64-a), and
bottle club (§ 65-b). An over-concentration of restaurant and tavern
licenses in mixed residential-commercial neighborhoods was found by
the Legislature to have a negative impact on the quality of life for
residents in many of these areas of over concentration. The
Legislature's desire to protect residents from existing and potential
problems associated with an over-concentration of restaurants and
taverns prompted enactment of Chapter 670 of the Laws of 1993, which
gave the SLA the permissive power to consider any or all of the
following factors when evaluating the merits of a new application for
an on-premises liquor license:
(a) the number, classes and character of licenses in proximity to the
location and in the particular municipality or subdivision thereof;
(b) evidence that all necessary licenses and permits have been
obtained from the state and all other governing bodies;
(c) effect of the grant of the license on vehicular traffic and
parking in proximity to the location;
(d) the existing noise level at the location and any increase in noise
level that would be generated by the proposed premises;
(e) the history of liquor violations and reported criminal activity at
the proposed premises; and (f) any other factors specified by law or
regulation that are relevant to determine the "public convenience and
advantage and public interest" of the community.  This legislative
grant of power had the effect of overruling the decision of the Court
of Appeals in Matter of Circus Disco Ltd. v.  New York State Liquor
Auth., 51 NY.2d 24 (1980), which held in part that under the
pre-amendment statute, the adverse effect that a new on-premises
liquor establishment would have on vehicular traffic, parking, and
noise levels was beyond the purview of the SLA. The Court held that
those considerations appropriately reside within the exclusive
discretion of local zoning officials.  In 2000, ABC Law § 64-d(7} was
amended and requires the SLA to consider all of the factors this bill
would mandate when determining whether public convenience and
advantage and the public interest would be promoted by the grant of a
cabaret liquor license. Amendment of ABC Law §§ 64 (restaurant), 64-a
(tavern), 64-b (bottle club), and 64-c (restaurant-brewer) - to
conform with the mandatory language of ABCL § 64-d (7), is desirable
in order to make consistent all of the factors that shall be
considered by the SLA when determining whether public convenience and
advantage and the public interest will be promoted by the grant of a
specific on-premises liquor license to a particular applicant

 LEGISLATIVE HISTORY :
S.7374/A.11162 of 2008

 FISCAL IMPLICATIONS :
None.

 LOCAL FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
Immediately.

2009-S5577 - Bill Text download pdf

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

                                  5577

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 19, 2009
                               ___________

Introduced  by Sen. SQUADRON -- 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
  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD11172-01-9

S. 5577                             2

  S 2. Section 64-a of the alcoholic beverage control law is amended  by
adding a new subdivision 6-a to read as follows:
  6-A.  THE AUTHORITY SHALL CONSIDER ALL OF THE FOLLOWING IN DETERMINING
WHETHER PUBLIC CONVENIENCE AND ADVANTAGE AND THE PUBLIC INTEREST WILL BE
PROMOTED BY THE GRANTING OF A LICENSE PURSUANT TO THIS SECTION:
  (A) THE NUMBER, CLASSES AND CHARACTER OF LICENSES IN PROXIMITY TO  THE
LOCATION AND IN THE PARTICULAR MUNICIPALITY OR SUBDIVISION THEREOF;
  (B)  EVIDENCE  THAT APPLICANTS HAVE SECURED ALL NECESSARY LICENSES AND
PERMITS FROM THE STATE AND ALL OTHER GOVERNING BODIES;
  (C) THE EFFECT THAT THE GRANTING OF THE LICENSE WILL HAVE ON VEHICULAR
TRAFFIC AND PARKING IN THE PROXIMITY OF THE LOCATION;
  (D) THE EXISTING NOISE LEVEL AT THE LOCATION AND ANY INCREASE IN NOISE
LEVEL THAT WOULD BE GENERATED BY THE PROPOSED PREMISES;
  (E) THE HISTORY OF LIQUOR VIOLATIONS AND REPORTED CRIMINAL ACTIVITY AT
THE PROPOSED PREMISES; AND
  (F) ANY OTHER FACTORS SPECIFIED BY LAW OR REGULATION THAT ARE RELEVANT
TO DETERMINE THE PUBLIC CONVENIENCE OR ADVANTAGE AND NECESSARY  TO  FIND
THAT THE GRANTING OF SUCH LICENSE SHALL BE IN THE PUBLIC INTEREST.
  S  3. Section 64-b of the alcoholic beverage control law is amended by
adding a new subdivision 4-a to read as follows:
  4-A. THE AUTHORITY SHALL CONSIDER ALL OF THE FOLLOWING IN  DETERMINING
WHETHER PUBLIC CONVENIENCE AND ADVANTAGE AND THE PUBLIC INTEREST WILL BE
PROMOTED BY THE GRANTING OF A LICENSE PURSUANT TO THIS SECTION:
  (A)  THE NUMBER, CLASSES AND CHARACTER OF LICENSES IN PROXIMITY TO THE
LOCATION AND IN THE PARTICULAR MUNICIPALITY OR SUBDIVISION THEREOF;
  (B) EVIDENCE THAT APPLICANTS HAVE SECURED ALL NECESSARY  LICENSES  AND
PERMITS FROM THE STATE AND ALL OTHER GOVERNING BODIES;
  (C) THE EFFECT THAT THE GRANTING OF THE LICENSE WILL HAVE ON VEHICULAR
TRAFFIC AND PARKING IN THE PROXIMITY OF THE LOCATION;
  (D) THE EXISTING NOISE LEVEL AT THE LOCATION AND ANY INCREASE IN NOISE
LEVEL THAT WOULD BE GENERATED BY THE PROPOSED PREMISES;
  (E) THE HISTORY OF LIQUOR VIOLATIONS AND REPORTED CRIMINAL ACTIVITY AT
THE PROPOSED PREMISES; AND
  (F) ANY OTHER FACTORS SPECIFIED BY LAW OR REGULATION THAT ARE RELEVANT
TO  DETERMINE  THE PUBLIC CONVENIENCE OR ADVANTAGE AND NECESSARY TO FIND
THAT THE GRANTING OF SUCH LICENSE SHALL BE IN THE PUBLIC INTEREST.
  S 4. Section 64-c of the alcoholic beverage control law is amended  by
adding a new subdivision 10-a to read as follows:
  10-A. THE AUTHORITY SHALL CONSIDER ALL OF THE FOLLOWING IN DETERMINING
WHETHER PUBLIC CONVENIENCE AND ADVANTAGE AND THE PUBLIC INTEREST WILL BE
PROMOTED BY THE GRANTING OF A LICENSE PURSUANT TO THIS SECTION:
  (A)  THE NUMBER, CLASSES AND CHARACTER OF LICENSES IN PROXIMITY TO THE
LOCATION AND IN THE PARTICULAR MUNICIPALITY OR SUBDIVISION THEREOF;
  (B) EVIDENCE THAT APPLICANTS HAVE SECURED ALL NECESSARY  LICENSES  AND
PERMITS FROM THE STATE AND ALL OTHER GOVERNING BODIES;
  (C) THE EFFECT THAT THE GRANTING OF THE LICENSE WILL HAVE ON VEHICULAR
TRAFFIC AND PARKING IN THE PROXIMITY OF THE LOCATION;
  (D) THE EXISTING NOISE LEVEL AT THE LOCATION AND ANY INCREASE IN NOISE
LEVEL THAT WOULD BE GENERATED BY THE PROPOSED PREMISES;
  (E) THE HISTORY OF LIQUOR VIOLATIONS AND REPORTED CRIMINAL ACTIVITY AT
THE PROPOSED PREMISES; AND
  (F) ANY OTHER FACTORS SPECIFIED BY LAW OR REGULATION THAT ARE RELEVANT
TO  DETERMINE  THE PUBLIC CONVENIENCE OR ADVANTAGE AND NECESSARY TO FIND
THAT THE GRANTING OF SUCH LICENSE SHALL BE IN THE PUBLIC INTEREST.
  S 5. This act shall take effect immediately.

2009-S5577A (ACTIVE) - Details

See Assembly Version of this Bill:: A8519
Current Committee:: Assembly Economic Development
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-S5577A (ACTIVE) - Summary

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

2009-S5577A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5577A

 TITLE OF BILL :
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


 PURPOSE :
This bill would make consistent the factors that shall be considered
by the state Liquor Authority (SLA) when determining whether pubic
convenience and advantage, and the public interest will be promoted by
the granting of any of the on-premises liquor licenses provided for in
Article 5 of the Alcoholic Beverage control (ABC) LaW.

 SUMMARY OF PROVISIONS :
Sections 1 through 4 of the bill would amend ABC Law §§ 64(6-a), 64-a,
64-b and 64-C to establish a consistent standard with respect to the
factors that shall be considered by the SLA when determining whether
public convenience and advantage, and the public interest will be
promoted by the grant of a specific on-premises liquor license to a
particular applicant.

Section 5 of the bill would provide for an immediate effective date.

 EXISTING LAW :
ABC Law § 64(6-a) sets forth certain factors that the SLA can consider
when evaluating the merits of an application for an on-premises
restaurant liquor license. However, the ABC Law does not explicitly
state that such factors may be considered for on-premises liquor
licenses at taverns (§ 64-a), bottle clubs (§ 64-b), or
restaurant-brewer (§ 64-c).

 JUSTIFICATION :
In 1993, Article 5 of the ABC Law provided for essentially three types
of on-premises liquor license: restaurant (§ 64), tavern (§ 64-a) ,
and bottle club (§ 65-b). An over-concentration of restaurant and
tavern licenses in mixed residential-commercial neighborhoods was
found by the Legislature to have a negative impact on the quality of
life for residents in many of these areas of over concentration. The
Legislature's desire to protect residents from existing and potential
problems associated with an over-concentration of restaurants and
taverns prompted enactment of Chapter 670 of the Laws of 1993, which
gave the SLA the permissive power to consider any or all of the
following factors when evaluating the merits of a new application for
an on-premises liquor license:

(a) the number, classes and character of licenses in proximity to the
location and in the particular municipality or subdivision thereof;
(b) evidence that all necessary licenses and permits have been
obtained from the state and all other governing bodies;
(c) effect of the grant of the license on vehicular traffic and
parking in proximity to the location;
(d) the existing noise level at the location and any increase in noise
level that would be generated by the proposed premises;
(e) the history of liquor violations and reported criminal activity at
the proposed premises; and
(f) the history of building and fire violations at any businesses
owned and/or operated by the applicant;
(g) history of city of New York community Board Opinions and Decisions
made pursuant to the alcohol and beverage control law for businesses
owned and/or operated by the applicant; and
(h) any other factors specified by law or regulation that are relevant
to determine the "public convenience and advantage and public
interest" of the community. This legislative grant of power had the
effect of overruling the decision of the Court of Appeals in Matter of
Circus Disco Ltd. v. New York State Liquor Auth.,51 NY.2d 24 (1980),
which held in part that under the preamendment statute, the adverse
effect that a new on-premises liquor establishment would have on
vehicular traffic, parking, and noise levels was beyond the purview of
the SLA.  The Court held that those considerations appropriately
reside within the exclusive discretion of local zoning officials. In
2000, ABC Law § 64-d(7) was amended and requires the SLA to consider
all of the factors this bill would mandate when determining whether
public convenience and advantage and the public interest would be
promoted by the grant of a cabaret liquor license. Amendment of ABC
Law §§ 64 (restaurant), 64-a (tavern), 64-b (bottle club), and 64-c
(restaurant-brewer) - to conform with the mandatory language of ABCL §
64-d (7), is desirable in order to make consistent all of the factors
that shall be considered by the SLA when determining whether public
convenience and advantage and the public interest will be promoted by
the grant of a specific on-premises liquor license to a particular
applicant.

 LEGISLATIVE HISTORY :
S.7374/A.11162 of 2008

 FISCAL IMPLICATIONS :
None.

 LOCAL FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
Immediately.

2009-S5577A (ACTIVE) - Bill Text download pdf

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

                                 5577--A
    Cal. No. 174

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 19, 2009
                               ___________

Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Commerce, Economic  Devel-
  opment and Small Business -- recommitted to the Committee on Commerce,
  Economic Development and Small Business in accordance with Senate Rule
  6,  sec. 8 -- reported favorably from said committee, ordered to first
  and second report, ordered to a third  reading,  amended  and  ordered
  reprinted, retaining its place in the order of third reading

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.

                                                           LBD11172-03-0

S. 5577--A                          2

  (e) [The] THE history  of  liquor  violations  and  reported  criminal
activity at the proposed premises[.];
  (F)  HISTORY  OF  BUILDING AND FIRE VIOLATIONS AT ANY BUSINESSES OWNED
AND/OR OPERATED BY THE APPLICANT;
  (G) HISTORY OF CITY OF NEW YORK COMMUNITY BOARD OPINIONS AND DECISIONS
MADE PURSUANT TO THIS CHAPTER FOR BUSINESSES OWNED  AND/OR  OPERATED  BY
THE APPLICANT; AND
  [(f)]  (H) [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 GRANT-
ING 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:
  6-A.  THE AUTHORITY SHALL CONSIDER ALL OF THE FOLLOWING IN DETERMINING
WHETHER PUBLIC CONVENIENCE AND ADVANTAGE AND THE PUBLIC INTEREST WILL BE
PROMOTED BY THE GRANTING OF A LICENSE PURSUANT TO THIS SECTION:
  (A) THE NUMBER, CLASSES AND CHARACTER OF LICENSES IN PROXIMITY TO  THE
LOCATION AND IN THE PARTICULAR MUNICIPALITY OR SUBDIVISION THEREOF;
  (B)  EVIDENCE  THAT APPLICANTS HAVE SECURED ALL NECESSARY LICENSES AND
PERMITS FROM THE STATE AND ALL OTHER GOVERNING BODIES;
  (C) THE EFFECT THAT THE GRANTING OF THE LICENSE WILL HAVE ON VEHICULAR
TRAFFIC AND PARKING IN THE PROXIMITY OF THE LOCATION;
  (D) THE EXISTING NOISE LEVEL AT THE LOCATION AND ANY INCREASE IN NOISE
LEVEL THAT WOULD BE GENERATED BY THE PROPOSED PREMISES;
  (E) THE HISTORY OF LIQUOR VIOLATIONS AND REPORTED CRIMINAL ACTIVITY AT
THE PROPOSED PREMISES;
  (F) HISTORY OF BUILDING AND FIRE VIOLATIONS AT  ANY  BUSINESSES  OWNED
AND/OR OPERATED BY THE APPLICANT;
  (G) HISTORY OF CITY OF NEW YORK COMMUNITY BOARD OPINIONS AND DECISIONS
MADE  PURSUANT  TO  THIS CHAPTER FOR BUSINESSES OWNED AND/OR OPERATED BY
THE APPLICANT; AND
  (H) ANY OTHER FACTORS SPECIFIED BY LAW OR REGULATION THAT ARE RELEVANT
TO DETERMINE THE PUBLIC CONVENIENCE OR ADVANTAGE AND NECESSARY  TO  FIND
THAT THE GRANTING OF SUCH LICENSE SHALL BE IN THE PUBLIC INTEREST.
  S  3. Section 64-b of the alcoholic beverage control law is amended by
adding a new subdivision 4-a to read as follows:
  4-A. THE AUTHORITY SHALL CONSIDER ALL OF THE FOLLOWING IN  DETERMINING
WHETHER PUBLIC CONVENIENCE AND ADVANTAGE AND THE PUBLIC INTEREST WILL BE
PROMOTED BY THE GRANTING OF A LICENSE PURSUANT TO THIS SECTION:
  (A)  THE NUMBER, CLASSES AND CHARACTER OF LICENSES IN PROXIMITY TO THE
LOCATION AND IN THE PARTICULAR MUNICIPALITY OR SUBDIVISION THEREOF;
  (B) EVIDENCE THAT APPLICANTS HAVE SECURED ALL NECESSARY  LICENSES  AND
PERMITS FROM THE STATE AND ALL OTHER GOVERNING BODIES;
  (C) THE EFFECT THAT THE GRANTING OF THE LICENSE WILL HAVE ON VEHICULAR
TRAFFIC AND PARKING IN THE PROXIMITY OF THE LOCATION;
  (D) THE EXISTING NOISE LEVEL AT THE LOCATION AND ANY INCREASE IN NOISE
LEVEL THAT WOULD BE GENERATED BY THE PROPOSED PREMISES;
  (E) THE HISTORY OF LIQUOR VIOLATIONS AND REPORTED CRIMINAL ACTIVITY AT
THE PROPOSED PREMISES;
  (F)  HISTORY  OF  BUILDING AND FIRE VIOLATIONS AT ANY BUSINESSES OWNED
AND/OR OPERATED BY THE APPLICANT;
  (G) HISTORY OF CITY OF NEW YORK COMMUNITY BOARD OPINIONS AND DECISIONS
MADE PURSUANT TO THIS CHAPTER FOR BUSINESSES OWNED  AND/OR  OPERATED  BY
THE APPLICANT; AND

S. 5577--A                          3

  (H) ANY OTHER FACTORS SPECIFIED BY LAW OR REGULATION THAT ARE RELEVANT
TO  DETERMINE  THE PUBLIC CONVENIENCE OR ADVANTAGE AND NECESSARY TO FIND
THAT THE GRANTING OF SUCH LICENSE SHALL BE IN THE PUBLIC INTEREST.
  S  4. Section 64-c of the alcoholic beverage control law is amended by
adding a new subdivision 10-a to read as follows:
  10-A. THE AUTHORITY SHALL CONSIDER ALL OF THE FOLLOWING IN DETERMINING
WHETHER PUBLIC CONVENIENCE AND ADVANTAGE AND THE PUBLIC INTEREST WILL BE
PROMOTED BY THE GRANTING OF A LICENSE PURSUANT TO THIS SECTION:
  (A) THE NUMBER, CLASSES AND CHARACTER OF LICENSES IN PROXIMITY TO  THE
LOCATION AND IN THE PARTICULAR MUNICIPALITY OR SUBDIVISION THEREOF;
  (B)  EVIDENCE  THAT APPLICANTS HAVE SECURED ALL NECESSARY LICENSES AND
PERMITS FROM THE STATE AND ALL OTHER GOVERNING BODIES;
  (C) THE EFFECT THAT THE GRANTING OF THE LICENSE WILL HAVE ON VEHICULAR
TRAFFIC AND PARKING IN THE PROXIMITY OF THE LOCATION;
  (D) THE EXISTING NOISE LEVEL AT THE LOCATION AND ANY INCREASE IN NOISE
LEVEL THAT WOULD BE GENERATED BY THE PROPOSED PREMISES;
  (E) THE HISTORY OF LIQUOR VIOLATIONS AND REPORTED CRIMINAL ACTIVITY AT
THE PROPOSED PREMISES;
  (F) HISTORY OF BUILDING AND FIRE VIOLATIONS AT  ANY  BUSINESSES  OWNED
AND/OR OPERATED BY THE APPLICANT;
  (G) HISTORY OF CITY OF NEW YORK COMMUNITY BOARD OPINIONS AND DECISIONS
MADE  PURSUANT  TO  THIS CHAPTER FOR BUSINESSES OWNED AND/OR OPERATED BY
THE APPLICANT; AND
  (H) ANY OTHER FACTORS SPECIFIED BY LAW OR REGULATION THAT ARE RELEVANT
TO DETERMINE THE PUBLIC CONVENIENCE OR ADVANTAGE AND NECESSARY  TO  FIND
THAT THE GRANTING OF SUCH LICENSE SHALL BE IN THE PUBLIC INTEREST.
  S 5. This act shall take effect immediately.

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Senate Bill S5577

Sponsored By

Archive: Last Bill Status Via A8519 - In Assembly Committee

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Votes

Mar 8, 2010 - Floor Vote

Floor Vote: Mar 8, 2010

Jul 15, 2009 - Rules Committee Vote

Rules Committee Vote: Jul 15, 2009

Feb 23, 2010 - Commerce, Economic Development And Small Business Committee Vote

Commerce, Economic Development And Small Business Committee Vote: Feb 23, 2010

Bill Amendments

2009-S5577 - Details

2009-S5577 - Summary

2009-S5577 - Sponsor Memo

2009-S5577 - Bill Text download pdf

2009-S5577A (ACTIVE) - Details

2009-S5577A (ACTIVE) - Summary

2009-S5577A (ACTIVE) - Sponsor Memo

2009-S5577A (ACTIVE) - Bill Text download pdf

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Senate Bill S5577

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Sponsored By

Daniel L. Squadron

Archive: Last Bill Status Via A8519 - In Assembly Committee

Actions

Votes

Bill Amendments

2009-S5577 - Details

2009-S5577 - Summary

2009-S5577 - Sponsor Memo

2009-S5577 - Bill Text download pdf

2009-S5577A (ACTIVE) - Details

2009-S5577A (ACTIVE) - Summary

2009-S5577A (ACTIVE) - Sponsor Memo

2009-S5577A (ACTIVE) - Bill Text download pdf

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