senate Bill S4125A

2011-2012 Legislative Session

Amends license fees to sell liquor at retail for on premises consumption outside the city of New York to standardize such 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
Jan 24, 2012 print number 4125a
amend and recommit to commerce, economic development and small business
Jan 04, 2012 referred to commerce, economic development and small business
May 24, 2011 reported and committed to finance
Mar 21, 2011 referred to commerce, economic development and small business

Bill Amendments

Original
A (Active)
Original
A (Active)

S4125 - Bill Details

See Assembly Version of this Bill:
A3135A
Current Committee:
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §66, ABC L
Versions Introduced in 2009-2010 Legislative Session:
A2851A

S4125 - Bill Texts

view summary

Amends license fees to sell liquor at retail for on premises consumption outside the city of New York to standardize such fees.

view sponsor memo
BILL NUMBER:S4125

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

PURPOSE OF THE BILL:
This bill would reduce license fees in
medium-sized cities for establishments licensed to sell liquor for
on-premise consumption to match the fee charged in other communities
outside the city of New York.

SUMMARY OF SPECIFIC PROVISIONS:
§ 1- Amends subdivision 4 of § 66 of the Alcoholic Beverage Control
Law to conform the liquor license fee for on-premise establishments
in cities with a population of 50,000 or more other than New York
City to the fee applicable in towns and smaller cities.

§ 2- Effective date.

JUSTIFICATION:
Enactment of this bill would reduce the financial
burden on restaurants and other hospitality businesses in
medium-sized cities and allow for greater economic growth in these
communities.

While the existing fee may have at one time reflected greater
populations and attendant enforcement issues in cities, this is no
longer that case with the population shift to the suburbs.
Currently, a licensed establishment located in a smaller city must pay
a higher license fee then if it were located in a neighboring town
with a larger population. These higher fees discourage business
investment in downtown communities, while encouraging further sprawl
development in suburban areas.

PRIOR LEGISLATIVE HISTORY:
2009-2010: A.2851-A
2007-2008: A.3136
2005-2006: A.7676
2003-2004: A.5907/S.3395
2001-2002: A.8949/S.5468

FISCAL IMPLICATIONS:
Minimal.

EFFECTIVE DATE:
This act shall take effect April 1, 2012.

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

                                  4125

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 21, 2011
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee  on  Commerce,  Economic
  Development 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;
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 elsewhere; except that the license fees
for  catering  establishments shall be two-thirds the license fee speci-
fied herein and for clubs, except luncheon clubs and golf  clubs,  shall
be seven hundred fifty dollars in counties 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 elsewhere. The  annual  fees  for  luncheon
clubs shall be three hundred seventy-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 eight-
y-seven dollars and fifty cents.  Notwithstanding any other provision of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06177-01-1

S. 4125                             2

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  organ-
ized  under  section  two hundred sixty of the military law and incorpo-
rated pursuant to the not-for-profit corporation law.  Provided,  howev-
er,  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 thirtieth, 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 prem-
ises  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 April 1, 2012.

S4125A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A3135A
Current Committee:
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §66, ABC L
Versions Introduced in 2009-2010 Legislative Session:
A2851A

S4125A (ACTIVE) - Bill Texts

view summary

Amends license fees to sell liquor at retail for on premises consumption outside the city of New York to standardize such fees.

view sponsor memo
BILL NUMBER:S4125A

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

PURPOSE:
This bill would reduce license fees in medium-sized cities
for establishments licensed to sell liquor for on-premise consumption
to match the fee charged in other communities outside the city of New
York.

SUMMARY OF PROVISIONS:
§ 1- Amends subdivision 4 of § 66 of the Alcoholic Beverage Control
Law to conform the liquor license fee for on-premise establishments
in cities with a population of 50,000 or more other than New York
City to the fee applicable in towns and smaller cities.

§ 2- Effective date.

JUSTIFICATION:
Enactment of this bill would reduce the financial burden on
restaurants and other hospitality businesses in medium-sized cities
and allow for greater economic growth in these communities.

While the existing fee may have at one time reflected greater
populations and attendant enforcement issues in cities, this is no
longer that case with the population shift to the suburbs.
Currently, a licensed establishment located in a smaller city must pay
a higher license fee then if it were located in a neighboring town
with a larger population. These higher fees discourage business
investment in downtown communities, while encouraging further sprawl
development in suburban areas.

LEGISLATIVE HISTORY:
2009-2010: A.2851A
2007-2008: A.3136
2005-2006: A.7676
2003-2004: A.5907/S.3395
2001-2002: A.8949/S.5468

FISCAL IMPLICATIONS:
Minimal.

EFFECTIVE DATE:
This act shall take effect April 1, 2013.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4125--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 21, 2011
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee  on  Commerce,  Economic
  Development  and  Small  Business  --  recommitted to the Committee on
  Commerce, Economic Development and Small Business in  accordance  with
  Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

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;
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 elsewhere; except that the license fees
for catering establishments shall be two-thirds the license  fee  speci-
fied  herein  and for clubs, except luncheon clubs and golf clubs, shall
be seven hundred fifty dollars in counties 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 elsewhere. The annual fees for luncheon
clubs shall be three hundred seventy-five dollars, and for golf clubs in

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06177-02-2

S. 4125--A                          2

the counties of New York, Kings, Bronx,  Queens,  Nassau,  Richmond  and
Westchester, two hundred fifty dollars, and elsewhere one hundred eight-
y-seven dollars and fifty cents.  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 organ-
ized under section two hundred sixty of the military  law  and  incorpo-
rated  pursuant to the not-for-profit corporation law.  Provided, howev-
er, 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 thirtieth, 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 prem-
ises 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 April 1, 2013.

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