S T A T E O F N E W Y O R K
________________________________________________________________________
2375
2009-2010 Regular Sessions
I N S E N A T E
February 19, 2009
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Introduced by Sen. PADAVAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Commerce, Economic Devel-
opment and Small Business
AN ACT to amend the alcoholic beverage control law, in relation to
licenses to sell liquor at retail for consumption off the premises
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 63 of the alcoholic beverage control law is amended
by adding a new subdivision 2-a to read as follows:
2-A. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, UPON RECEIPT
OF AN APPLICATION FOR A LICENSE UNDER THIS SECTION OR AN APPLICATION FOR
RENEWAL UNDER SECTION ONE HUNDRED NINE 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, WHERE IT IS PRESENTLY LOCATED NOT LESS THAN THIRTY 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 CHAP-
TER. 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. IN THE CITY OF NEW YORK, THE
COMMUNITY BOARD ESTABLISHED PURSUANT TO SECTION TWENTY-EIGHT HUNDRED OF
THE NEW YORK CITY CHARTER WITH JURISDICTION OVER THE AREA IN WHICH SUCH
LICENSED PREMISES IS TO BE LOCATED SHALL BE CONSIDERED THE APPROPRIATE
PUBLIC BODY TO WHICH NOTIFICATION SHALL BE GIVEN. SUCH MUNICIPALITY OR
COMMUNITY BOARD, AS THE CASE MAY BE, 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.
S 2. This act shall take effect on the thirtieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01863-01-9