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Assembly Bill A1052

2011-2012 Legislative Session

Provides a municipality or community board to express an opinion before a license is granted to a person to sell liquor at retail for off-premises consumption

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Sponsored By

Archive: Last Bill Status - In Senate Committee Commerce, Economic Development And Small Business Committee

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2011-A1052 (ACTIVE) - Details

Current Committee:
Senate Commerce, Economic Development And Small Business
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd ยง63, ABC L
Versions Introduced in Other Legislative Sessions:
2009-2010: A204
2013-2014: A5317
2015-2016: A4702
2017-2018: A6185

2011-A1052 (ACTIVE) - Summary

Allows a municipality or community board to express an opinion before a license is granted to a person to sell liquor at retail for off-premises consumption.

2011-A1052 (ACTIVE) - Bill Text download pdf 

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

                                  1052

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  M.  of  A. PHEFFER, DINOWITZ, V. LOPEZ, BING, LANCMAN --
  Multi-Sponsored by -- M.   of  A.  GALEF,  GLICK,  GOTTFRIED,  HOOPER,
  MAYERSOHN,  WEINSTEIN  --  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
  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 sixtieth day after it shall
have become a law.

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