S T A T E O F N E W Y O R K
________________________________________________________________________
4161
2011-2012 Regular Sessions
I N S E N A T E
March 21, 2011
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Introduced by Sens. LITTLE, KRUEGER, LARKIN, MAZIARZ, NOZZOLIO -- read
twice and ordered printed, and when printed to be committed to the
Committee on Investigations and Government Operations
AN ACT to amend the alcoholic beverage control law, in relation to
notification requirements for applicants for licenses and licensees;
and to repeal certain provisions of such law relating to local notifi-
cation requirements for licensed premises
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 17-a of the alcoholic beverage control law, as
added by chapter 101 of the laws of 2008, is amended to read as follows:
S [17-a] 110-B. Notification TO MUNICIPALITIES. [The notification
required upon receipt of] 1. NOT LESS THAN THIRTY DAYS BEFORE FILING ANY
OF THE FOLLOWING APPLICATIONS, AN APPLICANT SHALL NOTIFY THE MUNICI-
PALITY IN WHICH THE PREMISES IS LOCATED OF SUCH APPLICANT'S INTENT TO
FILE SUCH an application:
(A) for a license ISSUED pursuant to [sections fifty-four,
fifty-four-a,] SECTION fifty-five, [sixty-three] FIFTY-FIVE-A, sixty-
four, sixty-four-a, sixty-four-b, sixty-four-c, SIXTY-FOUR-D, eighty-one
[and] OR eighty-one-a [or] OF THIS CHAPTER;
(B) for a renewal under section one hundred nine of this chapter OF A
LICENSE ISSUED PURSUANT TO SECTION FIFTY-FIVE, FIFTY-FIVE-A, SIXTY-FOUR,
SIXTY-FOUR-A, SIXTY-FOUR-C, SIXTY-FOUR-D, EIGHTY-ONE OR EIGHTY-ONE-A OF
THIS CHAPTER IF THE PREMISES IS LOCATED WITHIN THE CITY OF NEW YORK;
(C) FOR APPROVAL OF AN ALTERATION UNDER SECTION NINETY-NINE-D OF THIS
CHAPTER IF THE PREMISES IS LOCATED WITHIN THE CITY OF NEW YORK AND
LICENSED PURSUANT TO SECTION FIFTY-FIVE, FIFTY-FIVE-A, SIXTY-FOUR,
SIXTY-FOUR-A, SIXTY-FOUR-C, SIXTY-FOUR-D, EIGHTY-ONE OR EIGHTY-ONE-A OF
THIS CHAPTER; OR
(D) FOR APPROVAL OF A SUBSTANTIAL CORPORATE CHANGE UNDER SECTION NINE-
TY-NINE-D OF THIS CHAPTER IF THE PREMISES IS LOCATED WITHIN THE CITY OF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08865-03-1
S. 4161 2
NEW YORK AND LICENSED PURSUANT TO SECTION FIFTY-FIVE, FIFTY-FIVE-A,
SIXTY-FOUR, SIXTY-FOUR-A, SIXTY-FOUR-C, SIXTY-FOUR-D, EIGHTY-ONE OR
EIGHTY-ONE-A OF THIS CHAPTER.
2. SUCH NOTIFICATION SHALL BE MADE TO THE CLERK OF THE VILLAGE, TOWN
OR CITY, AS THE CASE MAY BE, WHEREIN THE PREMISES IS LOCATED. FOR
PURPOSES OF THIS SECTION:
(A) NOTIFICATION NEED ONLY BE GIVEN TO THE CLERK OF A VILLAGE WHEN THE
PREMISES IS LOCATED WITHIN THE BOUNDARIES OF THE VILLAGE; AND
(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 THE PREMISES IS LOCATED SHALL BE CONSID-
ERED THE APPROPRIATE PUBLIC BODY TO WHICH NOTIFICATION SHALL BE GIVEN.
3. FOR PURPOSES OF THIS SECTION, "SUBSTANTIAL CORPORATE CHANGE" SHALL
MEAN:
(A) FOR A CORPORATION, A CHANGE OF EIGHTY PERCENT OR MORE OF THE OFFI-
CERS AND/OR DIRECTORS, OR A TRANSFER OF EIGHTY PERCENT OR MORE OF STOCK
OF SUCH CORPORATION, OR AN EXISTING STOCKHOLDER OBTAINING EIGHTY PERCENT
OR MORE OF THE STOCK OF SUCH CORPORATION; AND
(B) FOR A LIMITED LIABILITY COMPANY, A CHANGE OF EIGHTY PERCENT OR
MORE OF THE MANAGING MEMBERS OF THE COMPANY, OR A TRANSFER OF EIGHTY
PERCENT OR MORE OF OWNERSHIP INTEREST IN SAID COMPANY, OR AN EXISTING
MEMBER OBTAINING A CUMULATIVE OF EIGHTY PERCENT OR MORE OF THE OWNERSHIP
INTEREST IN SAID COMPANY.
4. SUCH NOTIFICATION shall be made in such form as shall be prescribed
by the rules of the liquor authority.
5. A MUNICIPALITY MAY EXPRESS AN OPINION FOR OR AGAINST THE GRANTING
OF SUCH APPLICATION. ANY SUCH OPINION SHALL BE DEEMED PART OF THE RECORD
UPON WHICH THE LIQUOR AUTHORITY MAKES ITS DETERMINATION TO GRANT OR DENY
THE APPLICATION.
6. SUCH NOTIFICATION SHALL BE MADE BY: CERTIFIED MAIL, RETURN RECEIPT
REQUESTED; OVERNIGHT DELIVERY SERVICE WITH PROOF OF MAILING; OR PERSONAL
SERVICE UPON THE OFFICES OF THE CLERK OR COMMUNITY BOARD.
7. The liquor authority shall require such notification to be on a
standardized form that can be obtained on the internet or from the
liquor authority and such notification to include:
[1.] (A) the [full] TRADE name OR "DOING BUSINESS AS" NAME, IF ANY, of
the establishment;
[2.] (B) the full name of the [owner and/or] applicant;
[3.] (C) the STREET address of the establishment, including the floor
location or room number, if applicable;
[4.] (D) THE MAILING ADDRESS OF THE ESTABLISHMENT, IF DIFFERENT THAN
THE STREET ADDRESS;
(e) the name, address and telephone number of the attorney OR REPRE-
SENTATIVE of the applicant, IF ANY;
[5.] (F) a [line] STATEMENT indicating whether [it] THE APPLICATION is
FOR:
(I) a new establishment [or];
(II) a transfer OF AN EXISTING LICENSED BUSINESS;
[6.] (III) A RENEWAL OF AN EXISTING LICENSE; OR
(IV) AN ALTERATION OF AN EXISTING LICENSED PREMISES;
(G) if the establishment is a transfer OR PREVIOUSLY LICENSED
PREMISES, the name of the old establishment and such establishment's
[previous] license SERIAL number;
[7. if the establishment is a licensed facility] (H) IN THE CASE OF A
RENEWAL OR ALTERATION APPLICATION, the license SERIAL number of [such
establishment] THE APPLICANT; and
S. 4161 3
[8.] (I) the type of license.
S 2. Subdivision 2-a of section 55 of the alcoholic beverage control
law is REPEALED.
S 3. Subdivision 2-a of section 64 of the alcoholic beverage control
law is REPEALED.
S 4. Subdivision 3 of section 64-c of the alcoholic beverage control
law is REPEALED.
S 5. Subdivision 3 of section 64-d of the alcoholic beverage control
law is REPEALED.
S 6. Subdivision 1-a of section 81 of the alcoholic beverage control
law is REPEALED.
S 7. Subdivision 2 of section 99-d of the alcoholic beverage control
law, as amended by chapter 259 of the laws of 1997, the opening para-
graph as amended by section 24 of part Z of chapter 85 of the laws of
2002, is amended to read as follows:
2. Before any change in the members of a limited liability company or
the transfer or assignment of a membership interest in a limited liabil-
ity company or any corporate change in stockholders, stockholdings,
alcoholic beverage officers, officers or directors, except officers and
directors of a premises licensed as a club or a luncheon club under this
chapter can be effectuated for the purposes of this chapter, there shall
be filed with the liquor authority an application for permission to make
such change and there shall be paid to the liquor authority in advance
upon filing of the application a fee of one hundred twenty-eight dollars
[where the license fee is five hundred dollars or more and thirteen
dollars in all other instances including changes relating solely to
officers and directors of corporations and the alcoholic beverage offi-
cer of a club or luncheon club].
(A) The [foregoing] provisions of this section shall not be applicable
where there are ten or more stockholders and such change involves less
than ten per centum of the stock of the corporation and the stock hold-
ings of any stockholder are not increased thereby to ten per centum or
more of the stock.
(B) Where the same corporation operates two or more premises separate-
ly licensed under this chapter a separate corporate change shall be
filed for each such licensed premises, except as otherwise provided for
by rule of the liquor authority. The corporate change fee provided for
herein shall not be applicable to more than one license held by the same
corporation.
(C) NOTWITHSTANDING ANY CORPORATE CHANGE APPROVED BY THE AUTHORITY, A
LICENSED CORPORATION OR LIMITED LIABILITY COMPANY SHALL BE BOUND BY THE
REPRESENTATIONS SET FORTH IN THE ORIGINAL APPLICATION AND ANY AMENDMENTS
THERETO APPROVED BY THE AUTHORITY.
S 8. Subdivision 2 of section 109 of the alcoholic beverage control
law is REPEALED and subdivision 1-a is renumbered subdivision 2.
S 9. This act shall take effect immediately.