S T A T E O F N E W Y O R K
________________________________________________________________________
1427
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. WRIGHT -- 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
requiring the liquor authority to hold a hearing upon the action of a
borough board in certain cases of disruptive activities and providing
for local approval of certain licenses
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 119 of the alcoholic beverage
control law, as amended by chapter 83 of the laws of 1995, is amended to
read as follows:
2. (A) The liquor authority may on its own initiative or on complaint
of any person institute proceedings to revoke, cancel or suspend any
retail license and may impose a civil penalty against the licensee after
a hearing at which the licensee shall be given an opportunity to be
heard. Such hearing shall be held in such manner and upon such notice as
may be prescribed by the rules of the liquor authority.
(B) A COMMUNITY BOARD OF A CITY WITH A POPULATION OF ONE MILLION OR
MORE MAY HOLD A HEARING TO INVESTIGATE A COMPLAINT OF "CAUSE", AS
DEFINED IN SUBDIVISION THREE OF SECTION ONE HUNDRED EIGHTEEN OF THIS
ARTICLE. IF SUCH COMMUNITY BOARD FINDS SUCH COMPLAINT TO BE VALID, IT
SHALL, AND IS HEREBY AUTHORIZED TO, SUSPEND THE LICENSE OF THE LICENSEE
PENDING THE OUTCOME OF PROCEEDINGS PURSUANT TO PARAGRAPH (A) OF THIS
SUBDIVISION AND GIVE NOTICE THEREOF TO THE LIQUOR AUTHORITY. THE LIQUOR
AUTHORITY SHALL THEREUPON INSTITUTE PROCEEDINGS PURSUANT TO THE
PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION.
S 2. Paragraph (f) of subdivision 7 of section 64 of the alcoholic
beverage control law, as amended by chapter 602 of the laws of 1999, is
amended to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00388-01-9
A. 1427 2
(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 ONLY if, after consultation with the municipality or
community board, AND UPON APPROVAL OF SUCH 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. Notice to the municipality or community board shall mean writ-
ten 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 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 operating and licensed pursuant to this section.
S 3. This act shall take effect immediately.