Senate Bill S6722B

2011-2012 Legislative Session

Creates a state liquor authority community liaison and provides at least sixty days notification for license renewals to community boards in the city of New York

download bill text pdf

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

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 20, 2012	amended by restoring to previous print 6722a
Jun 14, 2012	amend and recommit to investigations and government operations
Jun 07, 2012	print number 6722a
Jun 14, 2012	print number 6722b
Jun 07, 2012	amend and recommit to investigations and government operations
Mar 13, 2012	referred to investigations and government operations

Bill Amendments

Original

A (Active)

2011-S6722 - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Add §110-c, amd §§110-b, 64, 64-a & 64-c, ABC L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S114
2015-2016: S1306
2017-2018: S344

2011-S6722 - Summary

Creates state liquor authority community liaisons to act between the state liquor authority and community boards of the city of New York; requires the community boards to be given at least sixty days notice before any wine, beer, or liquor license is issued, renewed, or altered within the boundaries of such community board.

2011-S6722 - Sponsor Memo

                                BILL NUMBER:S6722

TITLE OF BILL:
An act
to amend the alcoholic beverage control law, in relation to creating
a liaison between the state liquor authority and local community
boards and providing a sixty day notification period for
community boards before the issuance of a new license,
renewal of a license or alteration of a license

PURPOSE OR GENERAL IDEA OF BILL:
The liaison will act as the
intermediary between the New York State Liquor Authority and the
Community Boards with 60 days prior notice of license renewal. This
will make it easier for the New York State Liquor Authority to take
into account the suggestions of the Community Boards in regards to
issuing liquor licenses.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill amends the alcoholic beverage control law by
adding a new section 110-c, establishing the position of authority
community liaison for each community board in the City of New York.
The provisions for the creation, requirements and responsibilities
of these community liaison positions are as follows: 1. The authority
shall appoint a community liaison for each community board in the
city of New York. 2. The community liaison is required to ensure that

the community board receives all proper notifications of license
issuance or renewal that are required under the provisions of this
chapter. 3. The community liaison is responsible for: (a) regularly
attending the meetings of the community board for which he or she is
acting as the liaison; (b) submitting reports to the authority with
respect to issues of concern of the community board for which he or
she is the liaison; ( c) submitting any community board
recommendations to the authority; and (d) informing the community
board of every regularly scheduled meeting ofthe liquor authority and
providing an agenda for such meeting at least fifteen days prior to
the meeting.

Sections 2-5 of the bill amend several sections of the alcoholic
beverage control law in order to extend the period of notice to
community boards before a license may be issued, renewed or altered.

Section 6 of the bill sets forth the effective date.

JUSTIFICATION:
The ABC law mandates that the New York State Liquor
Authority take into consideration the opinions of the Community Board
before a liquor license for any establishment is issued or renewed.
The New York State Liquor Authority does so, but most of the time the
Community Boards' requests are not fulfilled because the New York
State Liquor Authority has already issued the license or renewal.

PRIOR LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect immediately.

2011-S6722 - Bill Text download pdf

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

                                  6722

                            I N  S E N A T E

                             March 13, 2012
                               ___________

Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
  creating a liaison between the state liquor authority and local commu-
  nity boards and providing a sixty day notification period for communi-
  ty  boards  before the issuance of a new license, renewal of a license
  or alteration of a license

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

  Section  1.  The alcoholic beverage control law is amended by adding a
new section 110-c to read as follows:
  S 110-C. AUTHORITY COMMUNITY LIAISON. 1. THE AUTHORITY SHALL APPOINT A
COMMUNITY LIAISON FOR EACH COMMUNITY BOARD IN THE CITY OF NEW YORK.
  2. THE COMMUNITY LIAISON IS REQUIRED  TO  ENSURE  THAT  THE  COMMUNITY
BOARD  RECEIVES ALL PROPER NOTIFICATIONS OF LICENSE ISSUANCE, RENEWAL OR
ALTERATIONS THAT ARE REQUIRED UNDER THE PROVISIONS OF THIS CHAPTER.
  3. THE COMMUNITY LIAISON IS RESPONSIBLE FOR:
  (A) REGULARLY ATTENDING THE MEETINGS OF THE COMMUNITY BOARD FOR  WHICH
HE OR SHE IS ACTING AS THE LIAISON;
  (B)  SUBMITTING  REPORTS  TO  THE  AUTHORITY WITH RESPECT TO ISSUES OF
CONCERN OF THE COMMUNITY BOARD FOR WHICH HE OR SHE IS THE LIAISON;
  (C) SUBMITTING ANY COMMUNITY BOARD RECOMMENDATIONS TO  THE  AUTHORITY;
AND
  (D) INFORMING THE COMMUNITY BOARD OF EVERY REGULARLY SCHEDULED MEETING
OF  THE  LIQUOR  AUTHORITY  AND  PROVIDING AN AGENDA FOR SUCH MEETING AT
LEAST FIFTEEN DAYS PRIOR TO THE MEETING.
  S 2. Section 110-b of the alcoholic beverage control law is amended by
adding a new subdivision 8 to read as follows:
  8. IF THE PREMISES IS LOCATED WITHIN THE CITY OF NEW YORK, THE  LIQUOR
AUTHORITY  SHALL NOT GRANT SUCH AN APPLICATION UNTIL AT LEAST SIXTY DAYS
AFTER THE APPROPRIATE COMMUNITY BOARD HAS BEEN NOTIFIED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15043-01-2

S. 6722                             2

  S 3. Paragraph (f) of subdivision 7 of section  64  of  the  alcoholic
beverage  control law, as amended by chapter 463 of the laws of 2009, is
amended to read as follows:
  (f)  Notwithstanding  the provisions of paragraph (b) of this subdivi-
sion, the authority may issue a license pursuant to this section  for  a
premises which shall be within five hundred feet of three or more exist-
ing  premises  licensed  and  operating  pursuant  to  this  section and
sections sixty-four-a, sixty-four-b, sixty-four-c,  and/or  sixty-four-d
of this article 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 days in advance of any hearing sched-
uled pursuant to this paragraph. Upon the request of the authority,  any
municipality  or  community  board  may  waive  the  fifteen  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 licensed and operating pursuant to
this section  and  sections  sixty-four-a,  sixty-four-b,  sixty-four-c,
and/or  sixty-four-d of this article.  NO LICENSE SHALL BE ISSUED PURSU-
ANT TO THIS SECTION UNTIL AT LEAST  SIXTY  DAYS  AFTER  THE  APPROPRIATE
COMMUNITY BOARD HAS BEEN NOTIFIED.
  S  4.  Paragraph (d) of subdivision 7 of section 64-a of the alcoholic
beverage control law, as amended by chapter 463 of the laws of 2009,  is
amended to read as follows:
  (d)  Notwithstanding  the provisions of subparagraph (ii) of paragraph
(a) of this subdivision, the authority may issue a license  pursuant  to
this  section  for a premises which shall be within five hundred feet of
three or more existing premises licensed and operating pursuant to  this
section  and  sections  sixty-four,  sixty-four-b,  sixty-four-c, and/or
sixty-four-d of this article if, after  consultation  with  the  munici-
pality  or  community  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 municipality 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  munici-
pality  or community board at least fifteen days in advance of any hear-
ing scheduled pursuant to  this  paragraph.  Upon  the  request  of  the
authority, any municipality or community board may waive the fifteen 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 licensed and operating
pursuant to this section and sections sixty-four,  sixty-four-b,  sixty-
four-c, and/or sixty-four-d of this article.  NO LICENSE SHALL BE ISSUED
PURSUANT TO THIS SECTION UNTIL AT LEAST SIXTY DAYS AFTER THE APPROPRIATE
COMMUNITY BOARD HAS BEEN NOTIFIED.
  S  5. Paragraph (c) of subdivision 11 of section 64-c of the alcoholic
beverage control law, as amended by chapter 463 of the laws of 2009,  is
amended to read as follows:

S. 6722                             3

  (c)  Notwithstanding  the provisions of subparagraph (ii) of paragraph
(a) of this subdivision, the authority may issue a license  pursuant  to
this  section  for a premises which shall be within five hundred feet of
three or more existing premises licensed and operating pursuant to  this
section  and  sections  sixty-four,  sixty-four-a,  sixty-four-b  and/or
sixty-four-d of this article if, after  consultation  with  the  munici-
pality  or  community  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 municipality 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  munici-
pality  or community board at least fifteen days in advance of any hear-
ing scheduled pursuant to  this  paragraph.  Upon  the  request  of  the
authority, any municipality or community board may waive the fifteen 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 or sections  sixty-four,  sixty-four-a,  sixty-
four-b  and/or sixty-four-d of this article.  NO LICENSE SHALL BE ISSUED
PURSUANT TO THIS SECTION UNTIL AT LEAST SIXTY DAYS AFTER THE APPROPRIATE
COMMUNITY BOARD HAS BEEN NOTIFIED.
  S 6. This act shall take effect immediately.

2011-S6722A (ACTIVE) - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Add §110-c, amd §§110-b, 64, 64-a & 64-c, ABC L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S114
2015-2016: S1306
2017-2018: S344

2011-S6722A (ACTIVE) - Summary

2011-S6722A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6722A

TITLE OF BILL:
An act
to amend the alcoholic beverage control law, in relation to creating
a liaison between the state liquor authority and local community
boards and providing a sixty day notification period for
community boards before the issuance of a new license,
renewal of a license or alteration of a license

PURPOSE OR GENERAL IDEA OF BILL:
The liaison will act as the
intermediary between the New York State Liquor Authority and the
Community Boards with 60 days prior notice of license renewal. This
will make it easier for the New York State Liquor Authority to take
into account the suggestions of the Community Boards in regards to
issuing liquor licenses.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill amends the alcoholic beverage control law by
adding a new section 110-c, establishing the position of authority
community liaison for each community board in the City of New York.
The provisions for the creation, requirements and responsibilities of
these community liaison positions are as follows: 1. The authority
shall appoint a community liaison for each community board in the
city of New York. 2. The community liaison is required to ensure that

the community board receives all proper notifications of license
issuance or renewal that are required under the provisions of this
chapter. 3. The community liaison is responsible for: (a) regularly
attending the meetings of the community board for which he or she is
acting as the liaison; (b) submitting reports to the authority with
respect to issues of concern of the community board for which he or
she is the liaison; (c) submitting any community board
recommendations to the authority; and (d) informing the community
board of every regularly scheduled meeting of the liquor authority
and providing an agenda for such meeting at least fifteen days prior
to the meeting.

Sections 2-5 of the bill amend several sections of the alcoholic
beverage control law in order to extend the period of notice to
community boards before a license may be issued, renewed or altered.

Section 6 of the bill sets forth the effective date.

JUSTIFICATION:
The ABC law mandates that the New York State Liquor
Authority take into consideration the opinions of the Community Board
before a liquor license for any establishment is issued or renewed.
The New York State Liquor Authority does so, but most of the time the
Community Boards' requests are not fulfilled because the New York
State Liquor Authority has already issued the license or renewal.

PRIOR LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect immediately.

2011-S6722A (ACTIVE) - Bill Text download pdf

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

                                 6722--A

                            I N  S E N A T E

                             March 13, 2012
                               ___________

Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment  Operations  --  committee  discharged,  bill  amended,   ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
  creating a liaison between the state liquor authority and local commu-
  nity boards and providing a sixty day notification period for communi-
  ty boards before the issuance of a new license, renewal of  a  license
  or alteration of a license

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

  Section 1. The alcoholic beverage control law is amended by  adding  a
new section 110-c to read as follows:
  S 110-C. AUTHORITY COMMUNITY LIAISON. 1. THE AUTHORITY SHALL APPOINT A
COMMUNITY LIAISON FOR EACH COMMUNITY BOARD IN THE CITY OF NEW YORK.
  2.  THE  COMMUNITY  LIAISON  IS  REQUIRED TO ENSURE THAT THE COMMUNITY
BOARD RECEIVES ALL PROPER NOTIFICATIONS OF LICENSE ISSUANCE, RENEWAL  OR
ALTERATIONS THAT ARE REQUIRED UNDER THE PROVISIONS OF THIS CHAPTER.
  3. THE COMMUNITY LIAISON IS RESPONSIBLE FOR:
  (A) ATTENDING THE MEETINGS OF THE COMMUNITY BOARD, UPON THE REQUEST OF
SUCH COMMUNITY BOARD, FOR WHICH HE OR SHE IS ACTING AS THE LIAISON;
  (B)  SUBMITTING  REPORTS  TO  THE  AUTHORITY WITH RESPECT TO ISSUES OF
CONCERN OF THE COMMUNITY BOARD FOR WHICH HE OR SHE IS THE LIAISON;
  (C) SUBMITTING ANY COMMUNITY BOARD RECOMMENDATIONS TO  THE  AUTHORITY;
AND
  (D) INFORMING THE COMMUNITY BOARD OF EVERY REGULARLY SCHEDULED MEETING
OF  THE  LIQUOR  AUTHORITY  AND  PROVIDING AN AGENDA FOR SUCH MEETING AT
LEAST FIFTEEN DAYS PRIOR TO THE MEETING.
  S 2. The opening paragraph of subdivision 1 of section  110-b  of  the
alcoholic beverage control law, as amended by chapter 560 of the laws of
2011, is amended to read as follows:
  Not  less than thirty days before filing any of the following applica-
tions WITH THE STATE LIQUOR AUTHORITY IF A PREMISE IS LOCATED  WITHIN  A
MUNICIPALITY  OR  NOT  LESS  THAN  SIXTY  DAYS  BEFORE FILING ANY OF THE

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

                                                           LBD15043-03-2

S. 6722--A                          2

FOLLOWING APPLICATIONS WITH THE STATE LIQUOR AUTHORITY IF A  PREMISE  IS
LOCATED WITHIN THE CITY OF NEW YORK, an applicant shall notify the muni-
cipality OR THE COMMUNITY BOARD in which the premises is located of such
applicant's intent to file such an application:
  S  3.  Paragraph  (f)  of subdivision 7 of section 64 of the alcoholic
beverage control law, as amended by chapter 463 of the laws of 2009,  is
amended to read as follows:
  (f)  Notwithstanding  the provisions of paragraph (b) of this subdivi-
sion, the authority may issue a license pursuant to this section  for  a
premises which shall be within five hundred feet of three or more exist-
ing  premises  licensed  and  operating  pursuant  to  this  section and
sections sixty-four-a, sixty-four-b, sixty-four-c,  and/or  sixty-four-d
of this article 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 days in advance OR TO SUCH COMMUNITY
BOARD AT LEAST 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 day notice requirement OR ANY
COMMUNITY BOARD MAY WAIVE THE THIRTY DAY NOTICE REQUIREMENT.   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  licensed and operating pursuant to this section and
sections sixty-four-a, sixty-four-b, sixty-four-c,  and/or  sixty-four-d
of this article.
  S  4.  Paragraph (d) of subdivision 7 of section 64-a of the alcoholic
beverage control law, as amended by chapter 463 of the laws of 2009,  is
amended to read as follows:
  (d)  Notwithstanding  the provisions of subparagraph (ii) of paragraph
(a) of this subdivision, the authority may issue a license  pursuant  to
this  section  for a premises which shall be within five hundred feet of
three or more existing premises licensed and operating pursuant to  this
section  and  sections  sixty-four,  sixty-four-b,  sixty-four-c, and/or
sixty-four-d of this article if, after  consultation  with  the  munici-
pality  or  community  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 municipality 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  munici-
pality  [or community board] at least fifteen days in advance OR TO SUCH
COMMUNITY BOARD AT LEAST THIRTY DAYS IN ADVANCE of any hearing scheduled
pursuant to this paragraph. Upon the request of the authority, any muni-
cipality [or community board] may waive the fifteen day notice  require-
ment OR ANY COMMUNITY BOARD MAY WAIVE THE 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 licensed and operating pursuant to  this  section  and
sections  sixty-four, sixty-four-b, sixty-four-c, and/or sixty-four-d of
this article.

S. 6722--A                          3

  S 5. Paragraph (c) of subdivision 11 of section 64-c of the  alcoholic
beverage  control law, as amended by chapter 463 of the laws of 2009, is
amended to read as follows:
  (c)  Notwithstanding  the provisions of subparagraph (ii) of paragraph
(a) of this subdivision, the authority may issue a license  pursuant  to
this  section  for a premises which shall be within five hundred feet of
three or more existing premises licensed and operating pursuant to  this
section  and  sections  sixty-four,  sixty-four-a,  sixty-four-b  and/or
sixty-four-d of this article if, after  consultation  with  the  munici-
pality  or  community  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 municipality 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  munici-
pality  [or community board] at least fifteen days in advance OR TO SUCH
COMMUNITY BOARD AT LEAST THIRTY DAYS IN ADVANCE of any hearing scheduled
pursuant to this paragraph. Upon the request of the authority, any muni-
cipality [or community board] may waive the fifteen day notice  require-
ment OR ANY COMMUNITY BOARD MAY WAIVE THE 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  or
sections  sixty-four,  sixty-four-a, sixty-four-b and/or sixty-four-d of
this article.
  S 6. This act shall take effect immediately.

2011-S6722B - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Add §110-c, amd §§110-b, 64, 64-a & 64-c, ABC L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S114
2015-2016: S1306
2017-2018: S344

2011-S6722B - Summary

2011-S6722B - Sponsor Memo

                                BILL NUMBER:S6722B

TITLE OF BILL:
An act
to amend the alcoholic beverage control law, in relation to creating
a liaison between the state liquor authority and local community
boards and providing a sixty day notification period for
community boards before the issuance of a new license,
renewal of a license or alteration of a license

PURPOSE OR GENERAL IDEA OF BILL:
The liaison will act as the
intermediary between the New York State Liquor Authority and the
Community Boards with 60 days prior notice of license renewal. This
will make it easier for the New York State Liquor Authority to take
into account the suggestions of the Community Boards in regards to
issuing liquor licenses.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill amends the alcoholic beverage control law by
adding a new section 110-c, establishing the position of authority
community liaison for each community board in the City of New York.
The provisions for the creation, requirements and responsibilities of
these community liaison positions are as follows: 1. The authority
shall appoint a community liaison for each community board in the
city of New York. 2. The community liaison is required to ensure that

the community board receives all proper notifications of license
issuance or renewal that are required under the provisions of this
chapter. 3. The community liaison is responsible for: (a) regularly
attending the meetings of the community board for which he or she is
acting as the liaison; (b) submitting reports to the authority with
respect to issues of concern of the community board for which he or
she is the liaison; (c) submitting any community board
recommendations to the authority; and (d) informing the community
board of every regularly scheduled meeting of the liquor authority
and providing an agenda for such meeting at least fifteen days prior
to the meeting.

Sections 2-5 of the bill amend several sections of the alcoholic
beverage control law in order to extend the period of notice to
community boards before a license may be issued, renewed or altered.

Section 6 of the bill sets forth the effective date.

JUSTIFICATION:
The ABC law mandates that the New York State Liquor
Authority take into consideration the opinions of the Community Board
before a liquor license for any establishment is issued or renewed.
The New York State Liquor Authority does so, but most of the time the
Community Boards' requests are not fulfilled because the New York
State Liquor Authority has already issued the license or renewal.

PRIOR LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS:


To be determined.

EFFECTIVE DATE:
This act shall take effect immediately.

2011-S6722B - Bill Text download pdf

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

                                 6722--B

                            I N  S E N A T E

                             March 13, 2012
                               ___________

Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment  Operations  --  committee  discharged,  bill  amended,   ordered
  reprinted  as  amended  and recommitted to said committee -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
  creating a liaison between the state liquor authority and local commu-
  nity boards and providing a sixty day notification period for communi-
  ty  boards  before the issuance of a new license, renewal of a license
  or alteration of a license

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

  Section  1.  The alcoholic beverage control law is amended by adding a
new section 110-c to read as follows:
  S 110-C. AUTHORITY COMMUNITY LIAISON. 1. THE AUTHORITY SHALL APPOINT A
COMMUNITY LIAISON FOR EACH COMMUNITY BOARD IN THE CITY OF NEW YORK.
  2. THE COMMUNITY LIAISON IS REQUIRED  TO  ENSURE  THAT  THE  COMMUNITY
BOARD  RECEIVES ALL PROPER NOTIFICATIONS OF LICENSE ISSUANCE, RENEWAL OR
ALTERATIONS THAT ARE REQUIRED UNDER THE PROVISIONS OF THIS CHAPTER.
  3. THE COMMUNITY LIAISON IS RESPONSIBLE FOR:
  (A) ATTENDING THE MEETINGS OF THE COMMUNITY BOARD, UPON THE REQUEST OF
SUCH COMMUNITY BOARD, FOR WHICH HE OR SHE IS ACTING AS THE LIAISON;
  (B) SUBMITTING REPORTS TO THE AUTHORITY  WITH  RESPECT  TO  ISSUES  OF
CONCERN OF THE COMMUNITY BOARD FOR WHICH HE OR SHE IS THE LIAISON;
  (C)  SUBMITTING  ANY COMMUNITY BOARD RECOMMENDATIONS TO THE AUTHORITY;
AND
  (D) INFORMING THE COMMUNITY BOARD OF EVERY REGULARLY SCHEDULED MEETING
OF THE LIQUOR AUTHORITY AND PROVIDING AN  AGENDA  FOR  SUCH  MEETING  AT
LEAST FIFTEEN DAYS PRIOR TO THE MEETING.
  S  2.  The  opening paragraph of subdivision 1 of section 110-b of the
alcoholic beverage control law, as amended by chapter 560 of the laws of
2011, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15043-05-2

S. 6722--B                          2

  Not less than thirty days before filing any of the following  applica-
tions  WITH  THE STATE LIQUOR AUTHORITY IF A PREMISE IS LOCATED WITHIN A
MUNICIPALITY OR NOT LESS THAN  SIXTY  DAYS  BEFORE  FILING  ANY  OF  THE
FOLLOWING  APPLICATIONS  WITH THE STATE LIQUOR AUTHORITY IF A PREMISE IS
LOCATED WITHIN THE CITY OF NEW YORK, an applicant shall notify the muni-
cipality OR THE COMMUNITY BOARD in which the premises is located of such
applicant's intent to file such an application:
  S  3.  Paragraph  (f)  of subdivision 7 of section 64 of the alcoholic
beverage control law, as amended by chapter 463 of the laws of 2009,  is
amended to read as follows:
  (f)  Notwithstanding  the provisions of paragraph (b) of this subdivi-
sion, the authority may issue a license pursuant to this section  for  a
premises which shall be within five hundred feet of three or more exist-
ing  premises  licensed  and  operating  pursuant  to  this  section and
sections sixty-four-a, sixty-four-b, sixty-four-c,  and/or  sixty-four-d
of this article 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 days in advance OR TO SUCH COMMUNITY
BOARD AT LEAST 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 day notice requirement OR ANY
COMMUNITY BOARD MAY WAIVE THE THIRTY DAY NOTICE REQUIREMENT.   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  licensed and operating pursuant to this section and
sections sixty-four-a, sixty-four-b, sixty-four-c,  and/or  sixty-four-d
of this article.
  S  4.  Paragraph (d) of subdivision 7 of section 64-a of the alcoholic
beverage control law, as amended by chapter 463 of the laws of 2009,  is
amended to read as follows:
  (d)  Notwithstanding  the provisions of subparagraph (ii) of paragraph
(a) of this subdivision, the authority may issue a license  pursuant  to
this  section  for a premises which shall be within five hundred feet of
three or more existing premises licensed and operating pursuant to  this
section  and  sections  sixty-four,  sixty-four-b,  sixty-four-c, and/or
sixty-four-d of this article if, after  consultation  with  the  munici-
pality  or  community  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 municipality 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  munici-
pality  [or community board] at least fifteen days in advance OR TO SUCH
COMMUNITY BOARD AT LEAST THIRTY DAYS IN ADVANCE of any hearing scheduled
pursuant to this paragraph. Upon the request of the authority, any muni-
cipality [or community board] may waive the fifteen day notice  require-
ment OR ANY COMMUNITY BOARD MAY WAIVE THE 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

S. 6722--B                          3

more premises are licensed and operating pursuant to  this  section  and
sections  sixty-four, sixty-four-b, sixty-four-c, and/or sixty-four-d of
this article.
  S  5. Paragraph (c) of subdivision 11 of section 64-c of the alcoholic
beverage control law, as amended by chapter 463 of the laws of 2009,  is
amended to read as follows:
  (c)  Notwithstanding  the provisions of subparagraph (ii) of paragraph
(a) of this subdivision, the authority may issue a license  pursuant  to
this  section  for a premises which shall be within five hundred feet of
three or more existing premises licensed and operating pursuant to  this
section  and  sections  sixty-four,  sixty-four-a,  sixty-four-b  and/or
sixty-four-d of this article if, after  consultation  with  the  munici-
pality  or  community  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 municipality 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  munici-
pality  [or community board] at least fifteen days in advance OR TO SUCH
COMMUNITY BOARD AT LEAST THIRTY DAYS IN ADVANCE of any hearing scheduled
pursuant to this paragraph. Upon the request of the authority, any muni-
cipality [or community board] may waive the fifteen day notice  require-
ment OR ANY COMMUNITY BOARD MAY WAIVE THE 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  or
sections  sixty-four,  sixty-four-a, sixty-four-b and/or sixty-four-d of
this article.
  S 6. This act shall take effect immediately.

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Sponsored By

Jose Peralta

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

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