Assembly Bill A9575A

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

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Archive: Last Bill Status - In Senate Committee Rules 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	referred to rules delivered to senate passed assembly
Jun 18, 2012	ordered to third reading rules cal.354 rules report cal.354 reported reported referred to rules
Jun 12, 2012	reported referred to ways and means
Jun 06, 2012	print number 9575a
Jun 06, 2012	amend and recommit to economic development
Mar 16, 2012	referred to economic development

Bill Amendments

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2011-A9575 - Details

See Senate Version of this Bill:: S6722
Current Committee:: Senate Rules
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-A9575 - 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-A9575 - Bill Text download pdf

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

                                  9575

                          I N  A S S E M B L Y

                             March 16, 2012
                               ___________

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, 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.
  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.

                                                           LBD15043-01-2

A. 9575                             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. 9575                             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.

co-Sponsors

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multi-Sponsors

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2011-A9575A (ACTIVE) - Details

See Senate Version of this Bill:: S6722
Current Committee:: Senate Rules
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-A9575A (ACTIVE) - Summary

2011-A9575A (ACTIVE) - Bill Text download pdf

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

                                 9575--A

                          I N  A S S E M B L Y

                             March 16, 2012
                               ___________

Introduced  by  M.  of  A.  MOYA,  KAVANAGH,  COLTON, ROSENTHAL, REILLY,
  P. RIVERA, CRESPO, M. MILLER, CASTRO, TITUS, MENG  --  Multi-Sponsored
  by  --  M.  of A.   BOYLAND, BRENNAN, GIBSON, GLICK, MARKEY, ROBINSON,
  SCARBOROUGH, SIMANOWITZ, STEVENSON, WRIGHT -- read once  and  referred
  to the Committee on Economic Development -- committee discharged, bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

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.

                                                           LBD15043-02-2

A. 9575--A                          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

A. 9575--A                          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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Assembly Bill A9575A

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

Bill Amendments

co-Sponsors

multi-Sponsors

2011-A9575 - Details

2011-A9575 - Summary

2011-A9575 - Bill Text download pdf

co-Sponsors

multi-Sponsors

2011-A9575A (ACTIVE) - Details

2011-A9575A (ACTIVE) - Summary

2011-A9575A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

MOYA

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

Bill Amendments

co-Sponsors

Brian Kavanagh

William Colton

Linda Rosenthal

Robert Reilly

multi-Sponsors

William Boyland

James F. Brennan

Vanessa Gibson

Deborah Glick

2011-A9575 - Details

2011-A9575 - Summary

2011-A9575 - Bill Text download pdf

co-Sponsors

Brian Kavanagh

William Colton

Linda Rosenthal

Robert Reilly

multi-Sponsors

James F. Brennan

Vanessa Gibson

Deborah Glick

Margaret Markey

2011-A9575A (ACTIVE) - Details

2011-A9575A (ACTIVE) - Summary

2011-A9575A (ACTIVE) - Bill Text download pdf

Comments