senate Bill S121

2011-2012 Legislative Session

Provides for local community board input in the liquor authority's decision to license establishments serving alcohol for on-premise consumption

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to commerce, economic development and small business
Mar 29, 2011 defeated in commerce, economic development and small business
Feb 22, 2011 notice of committee consideration - requested
Jan 05, 2011 referred to commerce, economic development and small business

Votes

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Mar 29, 2011 - Commerce, Economic Development and Small Business committee Vote

S121
3
7
committee
3
Aye
7
Nay
1
Aye with Reservations
1
Absent
0
Excused
0
Abstained
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Commerce, Economic Development and Small Business Committee Vote: Mar 29, 2011

aye wr (1)
absent (1)

Co-Sponsors

S121 - Bill Details

Current Committee:
Senate Commerce, Economic Development And Small Business
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd ยง64, ABC L
Versions Introduced in 2009-2010 Legislative Session:
S3124

S121 - Bill Texts

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Provides for enhanced municipal or, in New York city, community board input in the liquor authority's decision to license establishments serving alcohol for on-premises consumption; provides for increased notice and more meaningful opportunity to be heard.

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BILL NUMBER:S121

TITLE OF BILL:

An act
to amend the alcoholic beverage control law, in relation to community
board involvement in the licensing of establishments serving alcohol for
on-premise consumption

PURPOSE:

To provide local community boards with written notice of all new and
renewal liquor licenses within the community boards' district

SUMMARY OF PROVISIONS:

Section 1 Amends section 64 Subdivision 2-a of the Alcoholic Beverage
Control Law.
Provides that a local community board be informed of new or renewal
liquor licenses in order to be given a meaningful opportunity to
attend and testify at any hearing. Any decision that is made by the
liquor authority board that is contrary to the public opinion must be
in writing, along with reason for such decision, and forwarded to
such community board.

Section 2 Amends Section 64 (7) (f) of the Alcoholic Beverage Control
Law. Provides that a municipality or community board shall have the
right to attend and testify at any pre-licensing hearing. Requires
the liquor authority to file its reasons for its determination and
forward a copy of such determination to the municipality or community
board.

Section 3 - Effective Date

EXISTING LAW:

None.

JUSTIFICATION:

To grant a community board involvement in determining who is granted a
liquor license in their respected community,

LEGISLATIVE HISTORY:

2009-2010: S.3124 - Referred to Commerce, Economic Development
and Small Business/A.1960 - Referred to Economic Development
2007-2008: S.764 - Referred to Commerce, Economic Development
and Small Business/A.6283 - Referred to Economic Development

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:


This act shall take effect on the one hundred twentieth day after it
shall have become a law;
provided, however, that effective immediately, the addition, amendment
and/or repeal or any rule Of regulation necessary for the
implementation of this act on its effective date are authorized and
directed to be made and completed on or before such effective date.

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

                                   121

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen.  DIAZ  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Commerce, Economic  Devel-
  opment and Small Business

AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
  community board involvement in the licensing of establishments serving
  alcohol for on-premise consumption

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

  Section  1.  Subdivision  2-a  of section 64 of the alcoholic beverage
control law, as amended by chapter 213 of the laws of 2010,  is  amended
to read as follows:
  2-a. Notwithstanding any other provision of this chapter, upon receipt
of  an  application for a license under this section, an application for
renewal under section one hundred nine of this chapter, or  an  applica-
tion  for  an  alteration  to a premises licensed for consumption on the
premises under section ninety-nine-d  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, overnight delivery service
with proof of mailing, or  personal  service,  wherein  the  prospective
licensed premises is to be located or, in the case of an application for
renewal,  or  alteration  where  it  is  presently located not less than
[thirty] SIXTY 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 chapter. 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.
SUCH  MUNICIPALITY 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03108-01-1

S. 121                              2

  2-B. In the city of New York, the community board established pursuant
to section twenty-eight hundred of the New York city charter with juris-
diction over the area in which such licensed premises is to  be  located
shall  be  considered  the appropriate public body to which notification
REQUIRED  IN  SUBDIVISION  TWO-A  OF  THIS SECTION shall be given.   THE
LIQUOR AUTHORITY SHALL PROVIDE A LIAISON TO THE LOCAL  COMMUNITY  BOARDS
AND  PROVIDE  SUCH LOCAL COMMUNITY BOARDS WITH WRITTEN NOTICE OF ALL NEW
AND RENEWAL APPLICATIONS  FOR  LICENSES  WITHIN  THE  COMMUNITY  BOARD'S
DISTRICT. NOTICE TO THE COMMUNITY BOARD SHALL MEAN WRITTEN NOTICE MAILED
BY THE AUTHORITY TO SUCH COMMUNITY BOARD AT LEAST THIRTY DAYS IN ADVANCE
OF  ANY HEARING SCHEDULED PURSUANT TO THIS SUBDIVISION. THE LOCAL COMMU-
NITY BOARD SHALL HAVE A MEANINGFUL OPPORTUNITY TO BE  HEARD  BEFORE  ANY
LIQUOR  AUTHORITY  HEARING  IS  CALENDARED OR LICENSE ISSUED. MEANINGFUL
OPPORTUNITY SHALL INCLUDE, BUT NOT BE LIMITED TO, THE RIGHT OF COMMUNITY
BOARD REPRESENTATIVES TO ATTEND AND TO TESTIFY  AT  A  LIQUOR  AUTHORITY
HEARING  REGARDING  A  NEW  OR  EXISTING  LICENSE  WITHIN THAT COMMUNITY
BOARD'S DISTRICT. Such [municipality or] community board[, as  the  case
may  be,] may express [an] A WRITTEN opinion for or against the granting
of such license WITHIN SIXTY DAYS OF RECEIPT OF SUCH  HEARING  NOTIFICA-
TION.  THE  COMMUNITY BOARD MAY WAIVE THE THIRTY DAY NOTICE REQUIREMENT.
Any such STIPULATIONS AGREED UPON BY THE APPLICANT AND THE LOCAL  COMMU-
NITY  BOARD  AND ANY SUCH COMMUNITY BOARD'S opinion shall be deemed part
of the record upon which the liquor board  makes  its  determination  to
grant  or deny such license.  SUCH STIPULATIONS SHALL BE ENFORCED BY THE
LIQUOR AUTHORITY. A LIQUOR AUTHORITY DECISION WHICH  IS  CONTRARY  TO  A
COMMUNITY  BOARD'S  OPINION  SHALL  SET FORTH IN WRITING THE REASONS FOR
SUCH DECISION AND A COPY SHALL BE FORWARDED TO SUCH COMMUNITY BOARD.
  S 2. 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] 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.   SUCH MUNICIPALITY OR COMMUNITY BOARD SHALL HAVE A
MEANINGFUL OPPORTUNITY TO BE HEARD. MEANINGFUL OPPORTUNITY SHALL INCLUDE
THE RIGHT OF COMMUNITY BOARD REPRESENTATIVES TO ATTEND  AND  TESTIFY  AT
ANY PRE-LICENSING HEARING AND THE RIGHT TO FILE WITH THE LIQUOR AUTHORI-
TY  A WRITTEN OPINION FOR OR AGAINST THE GRANTING OF SUCH LICENSE WITHIN
SIXTY DAYS OF RECEIPT OF NOTICE OF A  HEARING.  SUCH  OPINION  SHALL  BE
DEEMED  PART  OF  THE  LIQUOR  AUTHORITY'S  RECORD UPON WHICH THE LIQUOR
AUTHORITY MAKES ITS DETERMINATION. THE LIQUOR AUTHORITY SHALL STATE  AND
FILE  ITS REASONS FOR ITS DETERMINATION IN ITS OFFICE AND FORWARD A COPY
OF SUCH DETERMINATION TO THE MUNICIPALITY OR COMMUNITY BOARD.  No  prem-
ises  having  been  granted  a license pursuant to this section shall be

S. 121                              3

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 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
necessary  for  the implementation of this act on its effective date are
authorized and directed to be made  and  completed  on  or  before  such
effective date.

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