senate Bill S1279

2011-2012 Legislative Session

Prohibits the transfer of liquor licenses from one owner to subsequent owners of the same establishment, bar or club

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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
Jan 06, 2011 referred to commerce, economic development and small business

S1279 - 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:
S1439

S1279 - Bill Texts

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Prohibits the transfer of liquor licenses from one owner to subsequent owners of the same establishment, bar or club; grants new owners a forty-five day temporary license in which time such new owner shall apply for a new liquor license pursuant to section sixty-four of the alcoholic beverage control law.

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BILL NUMBER:S1279

TITLE OF BILL:
An act
to amend the alcoholic beverage control law, in
relation to prohibiting the
transfer of liquor licenses to new owners

PURPOSE:
The purpose of this bill is to stop the automatic transfer of a liquor
license to a new owner of a bar or club that is sold to them.

SUMMARY OF PROVISIONS:
Section One of the bill amends Section 64 of the alcoholic beverage
control law by adding subdivision 4-a. Subdivision 4-a would require
that no licensee shall transfer any interest in a license to any new
owner of such licensee's establishment, bar or club. Such license
shall terminate at the time ownership of the property is transferred
to the new owner.

A new owner will be granted a 45 day temporary license in which time
such person shall apply for a permanent license.

JUSTIFICATION:
An owner of an establishment, bar or club goes through a lengthy
application process before the State Liquor Authority (SLA) will
grant a liquor license. The state Liquor Authority looks for
community input and reviews the impact such an establishment will
have on those who live in the immediate area. currently, if an owner
sells an establishment to a new owner, the liquor license is also
automatically transferred to the new owner. New ownership may
dramatically change the impact a bar or club has on a community, and
yet, no thorough review of the community impact the new bar or club
will be reviewed by the State Liquor Authority.

This bill will insure that the new owners of a bar or club go through
the State Liquor Authority's review process. Under this bill, a
liquor license will not be transferred along with the sale of the
establishment. Rather, a temporary 45 day license will be granted to
the new owners. A 45 day temporary license will allow for continuous
operation of an establishment after a sale, and allows time for the
new ownership to apply for a new license. Application for a new
license will allow the State Liquor Authority to review any changes
the new ownership may have on a community, and will allow a community
to speak out on concerns it may have regarding the granting of a new
license.

LEGISLATIVE HISTORY:
2001-02: S.2052 Died in Senate Investigations, Taxation and
Government Operations Committee.
2003-04: S.3244 Died in Commerce, Economic Development and Small
Business Committee
2005-06: S.2584 Died in Commerce, Economic
Development and Small Business Committee
2007: S.2948 (Duane), Died in Commerce, Economic
Development, and Small Business


2008: S.2948 (Duane), Died in Commerce, Economic Development,
and Small Business
2009: S.1439 (Duane), Died in Commerce, Economic Development, and
Small Business; A.6176 (Kavanagh), Died in Economic Development
2010: S.1439 (Duane), Died in Commerce, Economic Development,
and Small Business; A.6176 (Kavanagh), Died in Economic Development

FISCAL IMPLICATIONS:
Minimal.

LOCAL FISCAL IMPLICATIONS:
Minimal

EFFECTIVE DATE:
This act shall take effect one hundred twentieth days after it shall
have become a law.

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

                                  1279

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 6, 2011
                               ___________

Introduced  by  Sen.  DUANE  -- 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
  prohibiting the transfer of liquor licenses to new owners

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

  Section 1. Section 64 of the alcoholic beverage control law is amended
by adding a new subdivision 4-a to read as follows:
  4-A.  NO  LICENSEE SHALL TRANSFER ANY INTEREST IN A LICENSE TO ANY NEW
OWNER OF SUCH LICENSEE'S ESTABLISHMENT, BAR OR CLUB. SUCH LICENSE  SHALL
TERMINATE  AT  THE  TIME OWNERSHIP OF THE PROPERTY IS TRANSFERRED TO THE
NEW OWNER. SUCH NEW OWNER  SHALL  RECEIVE  A  FORTY-FIVE  DAY  TEMPORARY
LICENSE  IN  WHICH  TIME SUCH PERSON SHALL APPLY FOR A PERMANENT LICENSE
PURSUANT TO THE PROVISIONS OF THIS SECTION.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00954-01-1

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