S T A T E O F N E W Y O R K
________________________________________________________________________
1960
2009-2010 Regular Sessions
I N A S S E M B L Y
January 14, 2009
___________
Introduced by M. of A. BENJAMIN, ALFANO, GREENE -- Multi-Sponsored by --
M. of A. BARRA, HOOPER -- 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
community board involvement in the licensing of establishments serving
alcohol for on-premise consumption
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2-a of section 64 of the alcoholic beverage
control law, as amended by chapter 83 of the laws of 1995, is amended to
read as follows:
2-a. Notwithstanding any other provision of this chapter, upon receipt
of an application for a license under this section, an application for
renewal under section one hundred nine of this chapter, or an applica-
tion for an alteration to a premises licensed for consumption on the
premises under section ninety-nine-d of this chapter, the applicant
shall notify the clerk of the village, town or city, as the case may be,
by certified mail, return receipt requested, wherein the prospective
licensed premises is to be located or, in the case of an application for
renewal, or alteration where it is presently located not less than
[thirty] SIXTY days prior to the submission of its application for a
license under this section or for a renewal thereof pursuant to section
one hundred nine of this chapter. For the purposes of the preceding
sentence notification need only be given to the clerk of a village when
such premises is to be located within the boundaries of the village.
SUCH MUNICIPALITY MAY EXPRESS AN OPINION FOR OR AGAINST THE GRANTING OF
SUCH LICENSE. ANY SUCH OPINION SHALL BE DEEMED PART OF THE RECORD UPON
WHICH THE LIQUOR BOARD MAKES ITS DETERMINATION TO GRANT OR DENY SUCH
LICENSE.
2-B. In the city of New York, the community board established pursuant
to section twenty-eight hundred of the New York city charter with juris-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04829-01-9
A. 1960 2
diction over the area in which such licensed premises is to be located
shall be considered the appropriate public body to which notification
REQUIRED IN SUBDIVISION TWO-A OF THIS SECTION shall be given. THE LIQUOR
AUTHORITY SHALL PROVIDE A LIAISON TO THE LOCAL COMMUNITY BOARDS AND
PROVIDE SUCH LOCAL COMMUNITY BOARDS WITH WRITTEN NOTICE OF ALL NEW AND
RENEWAL APPLICATIONS FOR LICENSES WITHIN THE COMMUNITY BOARD'S DISTRICT.
NOTICE TO THE COMMUNITY BOARD SHALL MEAN WRITTEN NOTICE MAILED BY THE
AUTHORITY TO SUCH COMMUNITY BOARD AT LEAST THIRTY DAYS IN ADVANCE OF ANY
HEARING SCHEDULED PURSUANT TO THIS SUBDIVISION. THE LOCAL COMMUNITY
BOARD SHALL HAVE A MEANINGFUL OPPORTUNITY TO BE HEARD BEFORE ANY LIQUOR
AUTHORITY HEARING IS CALENDARED OR LICENSE ISSUED. MEANINGFUL OPPORTU-
NITY SHALL INCLUDE, BUT NOT BE LIMITED TO, THE RIGHT OF COMMUNITY BOARD
REPRESENTATIVES TO ATTEND AND TO TESTIFY AT A LIQUOR AUTHORITY HEARING
REGARDING A NEW OR EXISTING LICENSE WITHIN THAT COMMUNITY BOARD'S
DISTRICT. Such [municipality or] community board[, as the case may be,]
may express [an] A WRITTEN opinion for or against the granting of such
license WITHIN SIXTY DAYS OF RECEIPT OF SUCH HEARING NOTIFICATION. THE
COMMUNITY BOARD MAY WAIVE THE THIRTY DAY NOTICE` REQUIREMENT. Any such
STIPULATIONS AGREED UPON BY THE APPLICANT AND THE LOCAL COMMUNITY BOARD
AND ANY SUCH COMMUNITY BOARD'S opinion shall be deemed part of the
record upon which the liquor board makes its determination to grant or
deny such license. SUCH STIPULATIONS SHALL BE ENFORCED BY THE LIQUOR
AUTHORITY. A LIQUOR AUTHORITY DECISION WHICH IS CONTRARY TO A COMMUNITY
BOARD'S OPINION SHALL SET FORTH IN WRITING THE REASONS FOR SUCH DECISION
AND A COPY SHALL BE FORWARDED TO SUCH COMMUNITY BOARD.
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:
(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]. Notice to the municipality or community board shall
mean written notice mailed by the authority to such municipality or
community board at least [fifteen] THIRTY 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] THIRTY day
notice requirement. SUCH MUNICIPALITY OR COMMUNITY BOARD SHALL HAVE A
MEANINGFUL OPPORTUNITY TO BE HEARD. MEANINGFUL OPPORTUNITY SHALL INCLUDE
THE RIGHT OF COMMUNITY BOARD REPRESENTATIVES TO ATTEND AND TESTIFY AT
ANY PRE-LICENSING HEARING AND THE RIGHT TO FILE WITH THE LIQUOR AUTHORI-
TY A WRITTEN OPINION FOR OR AGAINST THE GRANTING OF SUCH LICENSE WITHIN
SIXTY DAYS OF RECEIPT OF NOTICE OF A HEARING. SUCH OPINION SHALL BE
DEEMED PART OF THE LIQUOR AUTHORITY'S RECORD UPON WHICH THE LIQUOR
AUTHORITY MAKES ITS DETERMINATION. THE LIQUOR AUTHORITY SHALL STATE AND
FILE ITS REASONS FOR ITS DETERMINATION IN ITS OFFICE AND FORWARD A COPY
OF SUCH DETERMINATION TO THE MUNICIPALITY OR COMMUNITY BOARD. No prem-
ises 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.
A. 1960 3
S 3. 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.