Assembly Bill A9626

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

    S. 6789                                                  A. 9626

                      S E N A T E - A S S E M B L Y

                             March 22, 2012
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Local Govern-
  ment

IN ASSEMBLY -- Introduced by M. of A. THIELE, RAIA, REILLY, LOSQUADRO --
  Multi-Sponsored by -- M. of A.  BRENNAN, GLICK, P. RIVERA -- read once
  and referred to the Committee on Local Governments

AN ACT to amend the town law, the village law, and the general city law,
  in relation to authorizing the enactment of zoning laws and ordinances
  to regulate formula retail uses

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

  Section 1. Legislative Findings.  The state legislature has  delegated
to  its  local  governments  the  authority to enact zoning and land use
regulations pursuant to a duly adopted comprehensive plan.   It is  well
established  that  such regulations may be enacted to promote such valid
public purposes as  the  protection  of  historic  character,  community
aesthetics,  distinctive  community  character,  and  the maintenance of
diverse and vibrant commercial areas.
  The legislature finds that  these  valid  public  purposes  are  being
threatened  in communities across the state by the phenomenon of formula
retail businesses which may serve to erode such  resources  as  historic
character, aesthetics, unique community character, and commercial diver-
sity that create a sameness that destroys community identity.
  Many  communities  across  the  nation  have  enacted laws to regulate
formula retail uses in order to mitigate these adverse impacts. However,
in New York, the statutes which delegate zoning and land  use  authority
to local governments are silent with regard to this new threat to commu-
nity  character.  As  a result, local governments have been reluctant to
enact regulations, fearing the uncertainty and potential litigation that
such laws may engender because of the lack of specific authority in  the
state enabling acts.
  It  is  the purpose of this act to clarify that local governments have
the authority to adopt comprehensive plans and local laws and ordinances

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

                                                           LBD14748-01-2

S. 6789                             2                            A. 9626

regulating these uses to promote the legitimate public purposes  related
to community character enumerated herein.
  S  2. The town law is amended by adding a new section 261-d to read as
follows:
  S 261-D. FORMULA RETAIL USES.  1. FOR THE PURPOSES  OF  THIS  SECTION,
THE  TERM  "FORMULA  RETAIL USE" SHALL MEAN A RETAIL SALES ESTABLISHMENT
WHICH, ALONG WITH TEN OR MORE OTHER RETAIL SALES ESTABLISHMENTS  LOCATED
IN THE UNITED STATES, MAINTAINS TWO OR MORE OF THE FOLLOWING FEATURES: A
STANDARDIZED ARRAY OF MERCHANDISE, A STANDARDIZED FACADE, A STANDARDIZED
DECOR  AND  COLOR  SCHEME,  A  UNIFORM  APPAREL, STANDARDIZED SIGNAGE, A
TRADEMARK OR A SERVICEMARK.
  2. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ZONING  REGU-
LATIONS ENACTED PURSUANT TO SECTION TWO HUNDRED SIXTY-FOUR OF THIS ARTI-
CLE  MAY  INCLUDE  THE REGULATION, RESTRICTION OR PROHIBITION OF FORMULA
RETAIL USES WHERE ENACTED PURSUANT TO A COMPREHENSIVE PLAN AND  A  VALID
PUBLIC PURPOSE.
  S  3.  The  village  law is amended by adding a new section 7-703-b to
read as follows:
  S 7-703-B FORMULA RETAIL USES.  1. FOR THE PURPOSES OF  THIS  SECTION,
THE  TERM  "FORMULA  RETAIL USE" SHALL MEAN A RETAIL SALES ESTABLISHMENT
WHICH, ALONG WITH TEN OR MORE OTHER RETAIL SALES ESTABLISHMENTS  LOCATED
IN THE UNITED STATES, MAINTAINS TWO OR MORE OF THE FOLLOWING FEATURES: A
STANDARDIZED ARRAY OF MERCHANDISE, A STANDARDIZED FACADE, A STANDARDIZED
DECOR  AND  COLOR  SCHEME,  A  UNIFORM  APPAREL, STANDARDIZED SIGNAGE, A
TRADEMARK OR A SERVICEMARK.
  2. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ZONING  REGU-
LATIONS  ENACTED  PURSUANT  TO SECTION 7-700 OF THIS ARTICLE MAY INCLUDE
THE REGULATION, RESTRICTION OR PROHIBITION OF FORMULA RETAIL USES  WHERE
ENACTED PURSUANT TO A COMPREHENSIVE PLAN AND A VALID PUBLIC PURPOSE.
  S  4.  The general city law is amended by adding a new section 81-g to
read as follows:
  S 81-G. FORMULA RETAIL USES.  1. FOR THE PURPOSES OF THIS SECTION, THE
TERM "FORMULA RETAIL USE" SHALL MEAN A RETAIL SALES ESTABLISHMENT WHICH,
ALONG WITH TEN OR MORE OTHER RETAIL SALES ESTABLISHMENTS LOCATED IN  THE
UNITED STATES, MAINTAINS TWO OR MORE OF THE FOLLOWING FEATURES: A STAND-
ARDIZED  ARRAY  OF  MERCHANDISE,  A  STANDARDIZED FACADE, A STANDARDIZED
DECOR AND COLOR SCHEME,  A  UNIFORM  APPAREL,  STANDARDIZED  SIGNAGE,  A
TRADEMARK OR A SERVICEMARK.
  2.  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ZONING REGU-
LATIONS ENACTED PURSUANT TO SECTION EIGHTY-THREE  OF  THIS  ARTICLE  MAY
INCLUDE  THE  REGULATION,  RESTRICTION  OR PROHIBITION OF FORMULA RETAIL
USES WHERE ENACTED PURSUANT TO A COMPREHENSIVE PLAN AND A  VALID  PUBLIC
PURPOSE.
  S 5. This act shall take effect immediately.