Provides for alcoholic beverage license and permit renewals; create a standardized form that the municipality and community board may use for renewal application; if the recommendation is a negative declaration, the liquor authority shall hold a public hearing to elicit information from the community before a determination on a renewal application is made.
BILL NUMBER:A10174
TITLE OF BILL: An act to amend the alcoholic beverage control law, in
relation to renewals of licenses and permits
PURPOSE OR GENERAL IDEA OF BILL: Provides for notice to the community
board upon an application for renewal of a license and requires the
liquor authority to create a form for comment by such board. In the
event of a negative declaration, the liquor authority shall hold
public hearings to elicit information from the surrounding community.
SUMMARY OF SPECIFIC PROVISIONS: The alcoholic beverage control law is
amended by adding new subdivision 3 and 4 to subdivision 2 of section
109. The liquor authority shall require the applicant to notify the
clerk of the village, town or city and community board wherein the
licensed premises is located, in the same manner under the same
requirements as set forth in subdivision two-a of section sixty-four
of chapter 512 of the laws of 1996. The liquor authority shall create
a standardized form that the municipality and community board shall be
able to use to comment on the renewal application and shall be looked
at by the liquor authority in consideration of granting the renewal.
This form shall become part of the record in the renewal application
proceedings. In the event of a negative declaration, the liquor
authority will hold a public hearing to the respective community.
JUSTIFICATION: A majority of licensed premises which serve alcohol and
S T A T E O F N E W Y O R K
________________________________________________________________________
10174
I N A S S E M B L Y
March 9, 2010
___________
Introduced by M. of A. GLICK, ROSENTHAL, MILLMAN, COOK, CRESPO, GIBSON,
TITUS, JAFFEE -- Multi-Sponsored by -- M. of A. BOYLAND, DenDEKKER,
DINOWITZ, FIELDS, GOTTFRIED, HIKIND, HOOPER, KOON, MARKEY, MENG,
M. MILLER, NOLAN, ORTIZ, PERRY, ROBINSON -- 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
renewals of licenses and permits
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 109 of the alcoholic beverage
control law, as amended by chapter 512 of the laws of 1996, is amended
and two new subdivisions 3 and 4 are added to read as follows:
2. In the case of any application for renewal of a license under
sections fifty-five, fifty-five-a, sixty-four, sixty-four-a,
sixty-four-b, eighty-one, and eighty-one-a of this chapter, the liquor
authority shall require the applicant to notify the clerk of the
village, town or city AND COMMUNITY BOARD wherein the licensed premises
is located, in the same manner and under the same requirements as set
forth in subdivision two-a of section sixty-four of this chapter.
3. THE LIQUOR AUTHORITY SHALL CREATE A STANDARDIZED FORM THAT THE
MUNICIPALITY AND COMMUNITY BOARD SHALL BE ABLE TO USE TO COMMENT ON THE
RENEWAL APPLICATION AND SHALL BE LOOKED AT BY THE LIQUOR AUTHORITY IN
CONSIDERATION OF GRANTING THE RENEWAL. THIS FORM SHALL BECOME PART OF
THE RECORD IN THE RENEWAL APPLICATION PROCEEDINGS.
4. IN THE EVENT THAT THE RECOMMENDATION FROM THE COMMUNITY BOARD IS A
NEGATIVE DECLARATION, THE LIQUOR AUTHORITY SHALL HOLD A PUBLIC HEARING
TO ELICIT INFORMATION FROM THE COMMUNITY BEFORE A DETERMINATION ON THE
RENEWAL APPLICATION IS MADE.
S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized and directed to be made and completed on or before such
effective date.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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