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

                                 3594--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 26, 2011
                               ___________

Introduced by M. of A. GLICK, PHEFFER, GOTTFRIED, CAHILL, DINOWITZ, MOYA
  --  Multi-Sponsored  by  -- M. of A. FARRELL, MILLMAN -- read once and
  referred  to  the  Committee  on  Economic  Development  --  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
  procedures  associated  with  issuing  licenses  to  sell  liquor  for
  consumption

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

  Section 1.  Subdivision 7 of section 100  of  the  alcoholic  beverage
control law, as added by chapter 256 of the laws of 1978, is amended and
a new subdivision 8 is added to read as follows:
  7.  Within  ten  days after filing a new application to sell liquor at
retail under section sixty-three[, sixty-four,  sixty-four-a  or  sixty-
four-b] of this chapter, a notice thereof, in the form prescribed by the
authority,  shall  be  posted by the applicant in a conspicuous place at
the entrance to the proposed premises. The applicant shall make  reason-
able  efforts  to  insure such notice shall remain posted throughout the
pendency of the application. The  provisions  hereof  shall  apply  only
where  no  retail  liquor  license  has  previously been granted for the
proposed premise  and  shall,  specifically,  not  be  applicable  to  a
proposed  sale  of  an  existing  business engaged in the retail sale of
liquor. The authority may adopt such rules AS it may deem  necessary  to
carry out the purpose of this subdivision.
  8.  (A)  WITHIN TEN DAYS AFTER FILING A NEW APPLICATION OR AN APPLICA-
TION FOR RENEWAL TO SELL LIQUOR UNDER SECTION SIXTY-FOUR,  SIXTY-FOUR-A,
SIXTY-FOUR-B,  SIXTY-FOUR-C  OR  SIXTY-FOUR-D  OF THIS CHAPTER, A NOTICE
THEREOF SHALL BE POSTED BY THE APPLICANT IN A CONSPICUOUS PLACE  AT  THE
ENTRANCE  TO THE ESTABLISHMENT OR PROPOSED ESTABLISHMENT WHERE IT CAN BE
EASILY READ BY PASSERS-BY. SAID NOTICE SHALL BE IN A FORM PRESCRIBED  BY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00121-03-1
              

A. 3594--A                          2

THE AUTHORITY, PROVIDED HOWEVER THAT SAID NOTICE SHALL BE EITHER PRINTED
OR HIGHLIGHTED IN A PINK INK OF A NEON, LUMINOUS OR FLUORESCENT VARIETY.
THE  NOTICE SHALL SPECIFY THE APPLICATION DATE, THE TYPE OF LICENSE, THE
IDENTIFICATION  NUMBER  AND HOW TO CONTACT THE STATE LIQUOR AUTHORITY TO
GIVE A RESPONSE TO THE APPLICATION.  THE APPLICANT SHALL MAKE REASONABLE
EFFORTS TO INSURE SUCH NOTICE SHALL REMAIN POSTED THROUGHOUT THE PENDEN-
CY OF SUCH APPLICATION.   ADDITIONALLY, WITHIN TEN DAYS  OF  THE  APPLI-
CANT'S  RECEIPT  OF  A WRITTEN REQUEST FROM THE AUTHORITY, THE APPLICANT
SHALL RE-POST SUCH NOTICE.  THE AUTHORITY MAY ADOPT SUCH RULES AS IT MAY
DEEM NECESSARY TO CARRY OUT THE PURPOSE OF THIS PARAGRAPH.
  (B) WITHIN TEN DAYS OF THE APPLICANT'S RECEIPT OF WRITTEN NOTICE OF  A
HEARING  SCHEDULED  PURSUANT  TO  SECTION  SIXTY-FOUR,  SIXTY-FOUR-A  OR
SIXTY-FOUR-C OF THIS CHAPTER, THE APPLICANT SHALL POST A  COPY  OF  SUCH
NOTICE  IN  A  CONSPICUOUS PLACE AT THE ENTRANCE TO THE ESTABLISHMENT OR
PROPOSED ESTABLISHMENT WHERE IT CAN BE EASILY READ BY  PASSERS-BY.  THIS
NOTICE  SHALL  INCLUDE  IN CLEAR AND CONCISE LANGUAGE A STATEMENT OF THE
USE AND CAPACITY OF THE ESTABLISHMENT. THE APPLICANT SHALL MAKE  REASON-
ABLE EFFORTS TO INSURE SUCH NOTICE SHALL REMAIN POSTED UNTIL THE DATE OF
THE  HEARING  OR  PUBLIC MEETING SPECIFIED IN SUCH NOTICE. ADDITIONALLY,
WITHIN TEN DAYS OF THE APPLICANT'S RECEIPT OF A WRITTEN REQUEST FROM THE
AUTHORITY, THE APPLICANT SHALL RE-POST SUCH NOTICE.   THE AUTHORITY  MAY
ADOPT  SUCH  RULES  AS IT MAY DEEM NECESSARY TO CARRY OUT THE PURPOSE OF
THIS PARAGRAPH.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have  become  a  law and shall apply to all applications or applications
for renewal made under section 64, 64-a, 64-b, 64-c or 64-d of the alco-
holic beverage control law for a license to sell liquor for  consumption
that  are  pending before or filed with the state liquor authority on or
after such effective date; 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.