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Assembly Bill A3828

2009-2010 Legislative Session

Revises procedures for issuance of retail and special retail liquor licenses for on-premises consumption for premises within 500 feet of 3 or more existing premises

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Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

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2009-A3828 (ACTIVE) - Details

Current Committee:
Senate Investigations And Government Operations
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd ยงยง64 & 64-a, ABC L
Versions Introduced in Other Legislative Sessions:
2011-2012: A675
2013-2014: A1957
2015-2016: A567
2017-2018: A2375
2019-2020: A2093

2009-A3828 (ACTIVE) - Summary

Revises procedures regarding the issuance of both retail and special retail liquor licenses for on-premises consumption for premises located within 500 feet of 3 or more existing premises in cities, towns and villages of twenty thousand or more; provides that the written notice which the authority must give to the municipality or community board of the hearing (which the authority must hold before issuing a regular (non-special) license must be mailed at least 30 days in advance of the hearing; imposes a parallel 30 day hearing notice requirement regarding the hearing which must be held regarding special retail licenses.

2009-A3828 (ACTIVE) - Bill Text download pdf 

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

                                  3828

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2009
                               ___________

Introduced by M. of A. LENTOL, V. LOPEZ -- 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
  procedures associated with issuing retail and special retail  licenses
  to  sell liquor for on-premises consumption regarding premises located
  within five hundred feet of three or more existing premises in cities,
  towns and villages having a population of twenty thousand or more

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

  Section  1.  Paragraph (f) of subdivision 7 of section 64 of the alco-
holic 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.  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05925-01-9

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