Senate Bill S2761

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

                                  2761

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              March 2, 2009
                               ___________

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 the
  time and form for the furnishing of  certain  information  to  munici-
  palities  and  community  boards  by  applicants for certain original,
  renewal, or alteration alcoholic beverage licenses and the applicabil-
  ity of certain public notice requirements

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

  Section  1.  Subdivision  5  of  section  51 of the alcoholic beverage
control law, as amended by chapter 100 of the laws of 1940,  is  amended
to read as follows:
  5. Except as otherwise provided in subdivisions three and four of this
section, and except as provided in section fifty-two OF THIS ARTICLE, no
brewer  shall  sell  any  beer, wine, or liquor at retail.  IN THE EVENT
THAT ANY RETAIL SALE AUTHORIZED BY SUBDIVISION THREE  OR  FOUR  OF  THIS
SECTION  OR SECTION FIFTY-TWO OF THIS ARTICLE IS TO BE MADE BY ANY BREW-
ER, SUCH BREWER SHALL BE SUBJECT TO THE PROVISIONS OF SUBDIVISION  TWO-A
OF SECTION FIFTY-FIVE OF THIS ARTICLE.
  S  2.  Section  54 of the alcoholic beverage control law is amended by
adding a new subdivision 1-a to read as follows:
  1-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 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 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

              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06906-01-9

S. 2761                             2

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 OR IS LOCATED SHALL BE CONSIDERED THE  APPRO-
PRIATE  PUBLIC  BODY TO WHICH NOTIFICATION SHALL BE GIVEN.  SUCH MUNICI-
PALITY 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 DETERMI-
NATION TO GRANT OR DENY SUCH LICENSE.
  S 3. Section 54-a of the alcoholic beverage control law is amended  by
adding a new subdivision 1-a to read as follows:
  1-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 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 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 OR IS LOCATED SHALL BE CONSIDERED THE APPRO-
PRIATE PUBLIC BODY TO WHICH NOTIFICATION SHALL BE GIVEN.   SUCH  MUNICI-
PALITY  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 DETERMI-
NATION TO GRANT OR DENY SUCH LICENSE.
  S  4.  Subdivision 2-a of section 55 of the alcoholic beverage control
law, as added by chapter 582 of the laws of 1999, is amended to read  as
follows:
  2-a. Notwithstanding any other provision of this chapter, upon receipt
[in  the  city  of  New York] of an application for a license under this
section, an application for renewal under section one  hundred  nine  of
this chapter, or an application 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  [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  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 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. Such community board  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] 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 UNDER SECTION ONE  HUNDRED
NINE  OF  THIS  CHAPTER  OR  AN  ALTERATION  TO  A PREMISES LICENSED FOR
CONSUMPTION ON THE PREMISES UNDER SECTION NINETY-NINE-D OF THIS CHAPTER,
WHERE IT IS PRESENTLY LOCATED NOT LESS THAN  SIXTY  DAYS  PRIOR  TO  THE

S. 2761                             3

SUBMISSION  OF  ITS  APPLICATION FOR A LICENSE UNDER THIS SECTION, FOR A
RENEWAL THEREOF PURSUANT TO SECTION ONE HUNDRED NINE OF THIS CHAPTER, OR
AN ALTERATION TO A PREMISES LICENSED FOR  CONSUMPTION  ON  THE  PREMISES
UNDER  SECTION  NINETY-NINE-D  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. IN THE CITY OF NEW YORK, THE COMMUNITY BOARD ESTABLISHED PURSU-
ANT  TO  SECTION  TWENTY-EIGHT HUNDRED OF THE NEW YORK CITY CHARTER WITH
JURISDICTION OVER THE AREA IN WHICH SUCH LICENSED PREMISES IS TO  BE  OR
IS  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 5. 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, 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 UNDER SECTION ONE HUNDRED NINE OF THIS CHAPTER OR AN  ALTERATION
TO  A  PREMISES  LICENSED  FOR CONSUMPTION ON THE PREMISES UNDER SECTION
NINETY-NINE-D OF THIS CHAPTER, WHERE IT IS PRESENTLY  LOCATED  NOT  LESS
THAN SIXTY DAYS PRIOR TO THE SUBMISSION OF ITS APPLICATION FOR A LICENSE
UNDER  THIS  SECTION,  FOR  A  RENEWAL  THEREOF  PURSUANT TO SECTION ONE
HUNDRED NINE OF THIS CHAPTER, OR AN ALTERATION TO  A  PREMISES  LICENSED
FOR  CONSUMPTION  ON  THE  PREMISES  UNDER SECTION NINETY-NINE-D 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. 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 OR IS 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 6. 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

S. 2761                             4

license under this section [or],  for  a  renewal  thereof  pursuant  to
section one hundred nine of this chapter, OR AN ALTERATION TO A PREMISES
LICENSED  FOR CONSUMPTION ON THE PREMISES UNDER SECTION NINETY-NINE-D 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. 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 OR IS located shall  be  considered  the
appropriate  public  body  to  which notification shall be given.   SUCH
NOTIFICATION SHALL BE MADE IN SUCH FORM AS SHALL BE  PRESCRIBED  BY  THE
RULES  OF THE LIQUOR AUTHORITY. 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  7. Section 64-a 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, 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 SIXTY
DAYS PRIOR TO THE SUBMISSION OF ITS APPLICATION FOR A LICENSE UNDER THIS
SECTION,  FOR  A RENEWAL THEREOF PURSUANT TO SECTION ONE HUNDRED NINE OF
THIS CHAPTER, OR AN ALTERATION TO A PREMISES LICENSED FOR CONSUMPTION ON
THE PREMISES UNDER  SECTION  NINETY-NINE-D  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. 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 OR IS 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  8. Section 64-b 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, 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 SIXTY
DAYS PRIOR TO THE SUBMISSION OF ITS APPLICATION FOR A LICENSE UNDER THIS
SECTION,  FOR  A RENEWAL THEREOF PURSUANT TO SECTION ONE HUNDRED NINE OF
THIS CHAPTER, OR AN ALTERATION TO A PREMISES LICENSED FOR CONSUMPTION ON

S. 2761                             5

THE PREMISES UNDER  SECTION  NINETY-NINE-D  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. 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 OR IS 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  9.  Subdivision 3 of section 64-c of the alcoholic beverage control
law, as added by chapter 538 of the laws of 1997, is amended to read  as
follows:
  3.  Upon  receipt  of  an  original  [or  a renewal] application for a
license under this section, AN APPLICATION FOR RENEWAL UNDER SECTION ONE
HUNDRED NINE OF THIS CHAPTER, OR AN APPLICATION 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  UNDER SECTION ONE HUNDRED NINE OF  THIS  CHAPTER,
OR  AN ALTERATION TO A PREMISES LICENSED FOR CONSUMPTION ON THE PREMISES
UNDER SECTION NINETY-NINE-D 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.   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
OR IS 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 authority   makes its determination to  grant  or  deny
such license.
  S  10. Subdivision 3 of section 64-d of the alcoholic beverage control
law, as added by chapter 602 of the laws of 1999, is amended to read  as
follows:
  3.  Upon  receipt  of  an  original  [or  a renewal] application for a
license under this section, AN APPLICATION FOR RENEWAL UNDER SECTION ONE
HUNDRED NINE OF THIS CHAPTER, OR AN APPLICATION 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 UNDER SECTION ONE HUNDRED NINE OF THIS CHAP-
TER,  OR  AN  ALTERATION  TO  A PREMISES LICENSED FOR CONSUMPTION ON THE
PREMISES UNDER SECTION NINETY-NINE-D OF THIS CHAPTER.  For the  purposes
of  the preceding sentence, notification need only be given to the clerk

S. 2761                             6

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
OR  IS  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 authority makes its determination to grant or deny such
license.
  S  11. Subdivision 1-a of section 81 of the alcoholic beverage control
law, as added by chapter 582 of the laws of 1999, is amended to read  as
follows:
  1-a. Notwithstanding any other provision of this chapter, upon receipt
[in  the  city  of  New York] of an application for a license under this
section, an application for renewal under section one  hundred  nine  of
this chapter, or an application 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  [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  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 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. Such community board  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] 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 UNDER SECTION ONE  HUNDRED
NINE  OF  THIS  CHAPTER  OR  AN  ALTERATION  TO  A PREMISES LICENSED FOR
CONSUMPTION ON THE PREMISES UNDER SECTION NINETY-NINE-D OF THIS CHAPTER,
WHERE IT IS PRESENTLY LOCATED NOT LESS THAN  SIXTY  DAYS  PRIOR  TO  THE
SUBMISSION  OF  ITS  APPLICATION FOR A LICENSE UNDER THIS SECTION, FOR A
RENEWAL THEREOF PURSUANT TO SECTION ONE HUNDRED NINE OF THIS CHAPTER, OR
AN ALTERATION TO A PREMISES LICENSED FOR  CONSUMPTION  ON  THE  PREMISES
UNDER  SECTION  NINETY-NINE-D  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. IN THE CITY OF NEW YORK, THE COMMUNITY BOARD ESTABLISHED PURSU-
ANT  TO  SECTION  TWENTY-EIGHT HUNDRED OF THE NEW YORK CITY CHARTER WITH
JURISDICTION OVER THE AREA IN WHICH SUCH LICENSED PREMISES IS TO  BE  OR
IS  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 12. Section 81-a of the alcoholic beverage control law is amended by
adding a new subdivision 1-a to read as follows:
  1-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-

S. 2761                             7

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 SIXTY
DAYS PRIOR TO THE SUBMISSION OF ITS APPLICATION FOR A LICENSE UNDER THIS
SECTION,  FOR  A RENEWAL THEREOF PURSUANT TO SECTION ONE HUNDRED NINE OF
THIS CHAPTER, OR AN ALTERATION TO A PREMISES LICENSED FOR CONSUMPTION ON
THE PREMISES UNDER  SECTION  NINETY-NINE-D  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. 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 OR IS 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  13.  Subdivision 7 of section 100 of the alcoholic beverage control
law, as added by chapter 256 of the laws of 1978, is amended to read  as
follows:
  7.  Within  ten  days  after  filing a new application to sell BEER AT
RETAIL UNDER SUBDIVISION THREE OR FOUR OF SECTION FIFTY-ONE, OR  SECTION
FIFTY-TWO,  FIFTY-FOUR,  FIFTY-FOUR-A,  OR  FIFTY-FIVE  OF THIS CHAPTER,
liquor at retail under  section  sixty-three,  sixty-four,  sixty-four-a
[or],  sixty-four-b,  SIXTY-FOUR-C,  OR SIXTY-FOUR-D of this chapter, OR
WINE AT RETAIL UNDER SECTION EIGHTY-ONE OR EIGHTY-ONE-A OF THIS CHAPTER,
a notice thereof, in the form prescribed  by  the  authority,  shall  be
posted  by  the  applicant in a conspicuous place at the entrance to the
proposed premises. The applicant shall make reasonable efforts to insure
such notice shall remain posted throughout the pendency of the  applica-
tion.  The  provisions  hereof shall apply only where no retail [liquor]
ALCOHOLIC BEVERAGE license has previously been granted for the  proposed
[premise]  PREMISES  and  shall,  specifically,  not  be applicable to a
proposed sale of an existing business engaged  in  the  retail  sale  of
liquor.  The  authority  may  adopt  such rules it may deem necessary to
carry out the purpose of this subdivision.
  S 14. Subdivision 1 of section 110-a of the alcoholic beverage control
law, as added by chapter 77 of the laws of 1999, is amended to  read  as
follows:
  1.  Every  person  applying  for a license to sell alcoholic beverages
pursuant to subdivision THREE OR four of section fifty-one,  or  section
FIFTY-TWO,  FIFTY-FOUR,  FIFTY-FOUR-A,  fifty-five,  SIXTY-THREE, sixty-
four,   sixty-four-a,    SIXTY-FOUR-B,    sixty-four-c,    SIXTY-FOUR-D,
eighty-one, or eighty-one-a of this chapter shall publish notice thereof
pursuant to subdivision two of this section.
  S  15.  This  act  shall  take effect on the one hundred twentieth day
after it shall have become a law;  provided,  however,  that  the  state
liquor authority is authorized to promulgate any and all rules and regu-
lations and take any other measures necessary for the timely implementa-
tion of this act on its effective date on or before such date.