S T A T E O F N E W Y O R K
________________________________________________________________________
675
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. LENTOL, V. LOPEZ -- 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
procedures associated with issuing retail and special retail licenses
to sell liquor for on-premises consumption regarding premises located
within five hundred feet of three or more existing premises in cities,
towns and villages having a population of twenty thousand or more
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (f) of subdivision 7 of section 64 of the alco-
holic 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] 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] 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03487-01-1
A. 675 2
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 2. 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] 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] 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 3. This act shall take effect on the ninetieth day after it shall
have become a law and shall apply to all applications for a retail
license, or special retail license, for on-premises consumption for
premises within five hundred feet of existing licensed premises that are
pending before or filed with the state liquor authority on or after such
effective date. Effective immediately any rules or regulations necessary
or convenient to implement the provisions of this act are authorized to
be promulgated on or before such effective date.