S T A T E O F N E W Y O R K
________________________________________________________________________
2807
2013-2014 Regular Sessions
I N A S S E M B L Y
January 18, 2013
___________
Introduced by M. of A. WRIGHT -- read once and referred to the Committee
on Economic Development
AN ACT to amend the alcoholic beverage control law, in relation to
requiring the liquor authority to hold a hearing upon the action of a
borough board in certain cases of disruptive activities and providing
for local approval of certain licenses
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 119 of the alcoholic beverage
control law, as amended by chapter 83 of the laws of 1995, is amended to
read as follows:
2. (A) The liquor authority may on its own initiative or on complaint
of any person institute proceedings to revoke, cancel or suspend any
retail license and may impose a civil penalty against the licensee after
a hearing at which the licensee shall be given an opportunity to be
heard. Such hearing shall be held in such manner and upon such notice as
may be prescribed by the rules of the liquor authority.
(B) A COMMUNITY BOARD OF A CITY WITH A POPULATION OF ONE MILLION OR
MORE MAY HOLD A HEARING TO INVESTIGATE A COMPLAINT OF "CAUSE", AS
DEFINED IN SUBDIVISION THREE OF SECTION ONE HUNDRED EIGHTEEN OF THIS
ARTICLE. IF SUCH COMMUNITY BOARD FINDS SUCH COMPLAINT TO BE VALID, IT
SHALL, AND IS HEREBY AUTHORIZED TO, SUSPEND THE LICENSE OF THE LICENSEE
PENDING THE OUTCOME OF PROCEEDINGS PURSUANT TO PARAGRAPH (A) OF THIS
SUBDIVISION AND GIVE NOTICE THEREOF TO THE LIQUOR AUTHORITY. THE LIQUOR
AUTHORITY SHALL THEREUPON INSTITUTE PROCEEDINGS PURSUANT TO THE
PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION.
S 2. Paragraph (f) of subdivision 7 of section 64 of the alcoholic
beverage control law, as amended by chapter 185 of the laws of 2012, is
amended to read as follows:
(f) Notwithstanding the provisions of paragraph (b) of this subdivi-
sion, the authority may issue a license pursuant to this section for a
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00599-01-3
A. 2807 2
premises which shall be within five hundred feet of three or more exist-
ing premises licensed and operating pursuant to this section and
sections sixty-four-a, sixty-four-b, sixty-four-c, and/or sixty-four-d
of this article ONLY if, after consultation with the municipality or
community board, AND UPON APPROVAL OF SUCH MUNICIPALITY OR COMMUNITY
BOARD, it determines that granting such license would be in the public
interest. Before it may issue any such license, the authority shall
conduct a hearing, upon notice to the applicant and the municipality or
community board, and shall state and file in its office its reasons
therefor. The hearing may be rescheduled, adjourned or continued, and
the authority shall give notice to the applicant and the municipality or
community board of any such rescheduled, adjourned or continued hearing.
Before the authority issues any said license, the authority or one or
more of the commissioners thereof may, in addition to the hearing
required by this paragraph, also conduct a public meeting regarding said
license, upon notice to the applicant and the municipality or community
board. The public meeting may be rescheduled, adjourned or continued,
and the authority shall give notice to the applicant and the munici-
pality or community board of any such rescheduled, adjourned or contin-
ued public meeting. Notice to the municipality or community board shall
mean written notice mailed by the authority to such municipality or
community board at least fifteen days in advance of any hearing sched-
uled pursuant to this paragraph. Upon the request of the authority, any
municipality or community board may waive the fifteen day notice
requirement. No premises having been granted a license pursuant to this
section shall be denied a renewal of such license upon the grounds that
such premises are within five hundred feet of a building or buildings
wherein three or more premises are licensed and operating pursuant to
this section and sections sixty-four-a, sixty-four-b, sixty-four-c,
and/or sixty-four-d of this article.
S 3. This act shall take effect immediately; provided, however that
section two of this act shall take effect on the same date and in the
same manner as section 1 of chapter 185 of the laws of 2012, takes
effect.