senate Bill S3108

2011-2012 Legislative Session

Reduces certain on-premises liquor license fees

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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
Mar 12, 2012 committee discharged and committed to rules
notice of committee consideration - requested
Jan 04, 2012 referred to commerce, economic development and small business
Feb 08, 2011 referred to commerce, economic development and small business

S3108 - Bill Details

Current Committee:
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd ยง66, ABC L
Versions Introduced in 2009-2010 Legislative Session:
S1951

S3108 - Bill Texts

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Reduces the annual fee for a license to sell liquor at retail to be consumed on the premises in cities having a population of more than 100,000 and less than one million which are outside of the county of Erie.

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BILL NUMBER:S3108

TITLE OF BILL:
An act
to amend the alcoholic beverage control law, in relation to license fees

PURPOSE:
Enactment of this legislation would lower the annual fee for a license
to sell liquor at retail to be consumed on the premises where sold
from fifteen hundred thirty six dollars to eight hundred ninety six
dollars in the City of Buffalo, New York.

SUMMARY OF PROVISIONS:
Section 1 of this measure amends Subdivision 4 of Section 66 of the
Alcoholic Beverage Control law as amended by Chapter 875 of the laws
of 1983 by excluding those cities having a population of more than
one hundred thousand and less than one million within Erie County
from the fifteen hundred thirty six dollar annual liquor license fee.

JUSTIFICATION:
Past history surrounding this statute indicates that the
implementation of these fees was population-based.
The present fees no longer reflect the population of the City of
Buffalo. The previous differential in liquor license fees reflected a
higher population density in urban areas and a lesser population in
suburbia.

Over the course of time, the population shift to suburbia has not been
reflected in the license fees charged by New York state to liquor
license holders.

Furthermore, a reduction in license fees would encourage larger
chains to locate in an urban area such as the city of Buffalo.
presently, the higher fee encourages development in outlying areas
while at the same time enticing city based license holders to move
their establishments to the lower priced areas.

FISCAL IMPLICATIONS:
To be determined.

LEGISLATIVE HISTORY:
2001-02: S.1343/A.2038 No action
2003-04: S.1035/A.1969 No action
2004-05: S.1606/A.3052 No action
2007-08: S.1713/A.3422 Referred to Commerce, Economic Development,
and Small Business
2009-10: S.1951/A.6025 Referred to Commerce, Economic Development,
and Small Business

EFFECTIVE DATE:
This act shall take effect on the thirtieth day 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
________________________________________________________________________

                                  3108

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 8, 2011
                               ___________

Introduced  by  Sen. KENNEDY -- 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
  license fees

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

  Section  1.  Subdivision  4  of  section  66 of the alcoholic beverage
control law, as amended by section 3 of part Z of chapter 85 of the laws
of 2002, is amended to read as follows:
  4. The annual fee for a license, under section  sixty-four  or  sixty-
four-a  OF  THIS ARTICLE, to sell liquor at retail to be consumed on the
premises where sold shall be twenty-one hundred seventy-six  dollars  in
the counties of New York, Kings, Bronx and Queens; fifteen hundred thir-
ty-six  dollars  in  the county of Richmond and in cities having a popu-
lation of more than one hundred thousand and less than one million WHICH
ARE OUTSIDE OF THE COUNTY OF ERIE; twelve  hundred  sixteen  dollars  in
cities having a population of more than fifty thousand and less than one
hundred  thousand; and the sum of eight hundred ninety-six dollars else-
where; except that the license fees for catering establishments shall be
two-thirds the license fee specified herein and for clubs, except lunch-
eon clubs and golf clubs, shall be seven hundred fifty dollars in  coun-
ties  of  New York, Kings, Bronx and Queens; five hundred dollars in the
county of Richmond and in cities having a population of  more  than  one
hundred  thousand and less than one million; three hundred fifty dollars
in cities having a population of more than fifty thousand and less  than
one  hundred  thousand;  and  the sum of two hundred fifty dollars else-
where. The annual fees for luncheon clubs shall be three hundred  seven-
ty-five  dollars, and for golf clubs in the counties of New York, Kings,
Bronx, Queens, Nassau,  Richmond  and  Westchester,  two  hundred  fifty
dollars, and elsewhere one hundred eighty-seven dollars and fifty cents.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07885-01-1

S. 3108                             2

Notwithstanding  any other provision of law to the contrary, there shall
be no annual fee  for  a  license,  under  section  sixty-four  OF  THIS
ARTICLE,  to  sell liquor at retail to be consumed on the premises where
the  applicant  is  an  organization organized under section two hundred
sixty of the military law and incorporated pursuant to the  not-for-pro-
fit  corporation  law.    Provided, however, that where any premises for
which a license is issued pursuant to section sixty-four or sixty-four-a
of this article remain open only  within  the  period  commencing  April
first  and  ending  October thirty-first of any one year, or only within
the period commencing October first and ending the following April thir-
tieth, the liquor authority may, in its discretion, grant  a  summer  or
winter  license  effective only for such appropriate period of time, for
which a license fee shall be paid to be pro-rated  for  the  period  for
which  such  license is effective, at the rate provided for in the city,
town or village in which such premises are located, except that no  such
license  fee  shall  be less than one-half of the regular annual license
fee; provided further that where the premises to be licensed are a  race
track or a golf course or are licensed pursuant to section sixty-four or
sixty-four-a  of  this  [chapter]  ARTICLE,  the  period  of such summer
license may commence March first and end November thirtieth.
  Where a hotel, restaurant, club, golf course or  race  track  is  open
prior to April first and/or subsequent to October thirty-first by reason
of  the issuance of a caterer's permit or permits issued by the authori-
ty, such fact alone shall not affect the eligibility of the premises  or
the person owning or operating such hotel, restaurant, club, golf course
or race track for a summer license.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.

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