S T A T E O F N E W Y O R K
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9534
I N A S S E M B L Y
March 12, 2012
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Introduced by M. of A. MOYA, KAVANAGH -- read once and referred to the
Committee on Economic Development
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 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.
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.
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:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08344-03-2
A. 9534 2
(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:
(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
A. 9534 3
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.