S T A T E O F N E W Y O R K
________________________________________________________________________
6657
2009-2010 Regular Sessions
I N A S S E M B L Y
March 11, 2009
___________
Introduced by M. of A. GOTTFRIED, COOK, GLICK, V. LOPEZ, ORTIZ, GALEF,
GREENE -- Multi-Sponsored by -- M. of A. BING, BRENNAN, CLARK, COLTON,
CYMBROWITZ, DINOWITZ, GIANARIS, HEASTIE, HOOPER, MARKEY, PAULIN, PHEF-
FER, ROSENTHAL, SCARBOROUGH, WEISENBERG -- 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
authorizing the imposition of certain terms and conditions as part of
certain licenses for on-premises consumption
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 55 of the alcoholic beverage control law is amended
by adding a new subdivision 4 to read as follows:
4. THE AUTHORITY MAY, WITH THE CONSENT OF THE APPLICANT, INCLUDE, AS
PART OF A LICENSE UNDER THIS SECTION TERMS AND CONDITIONS FOR THE
PURPOSE OF ASSURING THAT THE LICENSED PREMISES ARE OPERATED IN ACCORD-
ANCE WITH APPLICABLE LAW AND CONSISTENT WITH THE PUBLIC INTEREST. PRIOR
TO INCLUDING TERMS AND CONDITIONS IN A LICENSE, THE AUTHORITY SHALL
CONSULT WITH THE APPLICANT AND ANY PARTY ENTITLED TO RECEIVE NOTICE OF
THE APPLICATION. THE TERMS AND CONDITIONS SHALL BE LEGALLY ENFORCEABLE
IN THE SAME MANNER AS APPLICABLE PROVISIONS OF THIS CHAPTER OR REGU-
LATIONS OF THE AUTHORITY.
S 2. Section 64 of the alcoholic beverage control law is amended by
adding a new subdivision 10 to read as follows:
10. THE AUTHORITY MAY, WITH THE CONSENT OF THE APPLICANT, INCLUDE, AS
PART OF A LICENSE UNDER THIS SECTION TERMS AND CONDITIONS FOR THE
PURPOSE OF ASSURING THAT THE LICENSED PREMISES ARE OPERATED IN ACCORD-
ANCE WITH APPLICABLE LAW AND CONSISTENT WITH THE PUBLIC INTEREST. PRIOR
TO INCLUDING TERMS AND CONDITIONS IN A LICENSE, THE AUTHORITY SHALL
CONSULT WITH THE APPLICANT AND ANY PARTY ENTITLED TO RECEIVE NOTICE OF
THE APPLICATION. THE TERMS AND CONDITIONS SHALL BE LEGALLY ENFORCEABLE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00794-01-9
A. 6657 2
IN THE SAME MANNER AS APPLICABLE PROVISIONS OF THIS CHAPTER OR REGU-
LATIONS OF THE AUTHORITY.
S 3. Section 64-a of the alcoholic beverage control law is amended by
adding a new subdivision 5-a to read as follows:
5-A. THE AUTHORITY MAY, WITH THE CONSENT OF THE APPLICANT, INCLUDE, AS
PART OF A LICENSE UNDER THIS SECTION TERMS AND CONDITIONS FOR THE
PURPOSE OF ASSURING THAT THE LICENSED PREMISES ARE OPERATED IN ACCORD-
ANCE WITH APPLICABLE LAW AND CONSISTENT WITH THE PUBLIC INTEREST. PRIOR
TO INCLUDING TERMS AND CONDITIONS IN A LICENSE, THE AUTHORITY SHALL
CONSULT WITH THE APPLICANT AND ANY PARTY ENTITLED TO RECEIVE NOTICE OF
THE APPLICATION. THE TERMS AND CONDITIONS SHALL BE LEGALLY ENFORCEABLE
IN THE SAME MANNER AS APPLICABLE PROVISIONS OF THIS CHAPTER OR REGU-
LATIONS OF THE AUTHORITY.
S 4. Section 64-b of the alcoholic beverage control law is amended by
adding a new subdivision 5-a to read as follows:
5-A. THE AUTHORITY MAY, WITH THE CONSENT OF THE APPLICANT, INCLUDE, AS
PART OF A LICENSE UNDER THIS SECTION TERMS AND CONDITIONS FOR THE
PURPOSE OF ASSURING THAT THE LICENSED PREMISES ARE OPERATED IN ACCORD-
ANCE WITH APPLICABLE LAW AND CONSISTENT WITH THE PUBLIC INTEREST. PRIOR
TO INCLUDING TERMS AND CONDITIONS IN A LICENSE, THE AUTHORITY SHALL
CONSULT WITH THE APPLICANT AND ANY PARTY ENTITLED TO RECEIVE NOTICE OF
THE APPLICATION. THE TERMS AND CONDITIONS SHALL BE LEGALLY ENFORCEABLE
IN THE SAME MANNER AS APPLICABLE PROVISIONS OF THIS CHAPTER OR REGU-
LATIONS OF THE AUTHORITY.
S 5. Section 64-c of the alcoholic beverage control law is amended by
adding a new subdivision 5-a to read as follows:
5-A. THE AUTHORITY MAY, WITH THE CONSENT OF THE APPLICANT, INCLUDE, AS
PART OF A LICENSE UNDER THIS SECTION TERMS AND CONDITIONS FOR THE
PURPOSE OF ASSURING THAT THE LICENSED PREMISES ARE OPERATED IN ACCORD-
ANCE WITH APPLICABLE LAW AND CONSISTENT WITH THE PUBLIC INTEREST. PRIOR
TO INCLUDING TERMS AND CONDITIONS IN A LICENSE, THE AUTHORITY SHALL
CONSULT WITH THE APPLICANT AND ANY PARTY ENTITLED TO RECEIVE NOTICE OF
THE APPLICATION. THE TERMS AND CONDITIONS SHALL BE LEGALLY ENFORCEABLE
IN THE SAME MANNER AS APPLICABLE PROVISIONS OF THIS CHAPTER OR REGU-
LATIONS OF THE AUTHORITY.
S 6. Section 64-d of the alcoholic beverage control law is amended by
adding a new subdivision 5-a to read as follows:
5-A. THE AUTHORITY MAY, WITH THE CONSENT OF THE APPLICANT, INCLUDE, AS
PART OF A LICENSE UNDER THIS SECTION TERMS AND CONDITIONS FOR THE
PURPOSE OF ASSURING THAT THE LICENSED PREMISES ARE OPERATED IN ACCORD-
ANCE WITH APPLICABLE LAW AND CONSISTENT WITH THE PUBLIC INTEREST. PRIOR
TO INCLUDING TERMS AND CONDITIONS IN A LICENSE, THE AUTHORITY SHALL
CONSULT WITH THE APPLICANT AND ANY PARTY ENTITLED TO RECEIVE NOTICE OF
THE APPLICATION. THE TERMS AND CONDITIONS SHALL BE LEGALLY ENFORCEABLE
IN THE SAME MANNER AS APPLICABLE PROVISIONS OF THIS CHAPTER OR REGU-
LATIONS OF THE AUTHORITY.
S 7. This act shall take effect immediately.