S T A T E O F N E W Y O R K
________________________________________________________________________
1842
2013-2014 Regular Sessions
I N S E N A T E
(PREFILED)
January 9, 2013
___________
Introduced by Sens. ESPAILLAT, KRUEGER, PERKINS -- 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
creating a liaison between the state liquor authority and local commu-
nity boards and providing a sixty day notification period for communi-
ty boards before the issuance of a new license, renewal of a license
or alteration of a license
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The alcoholic beverage control law is amended by adding a
new section 20 to read as follows:
S 20. AUTHORITY COMMUNITY LIAISON. 1. THE AUTHORITY SHALL APPOINT A
COMMUNITY LIAISON FOR EACH COMMUNITY BOARD IN THE CITY OF NEW YORK.
2. THE COMMUNITY LIAISON IS REQUIRED TO ENSURE THAT THE COMMUNITY
BOARD RECEIVES ALL PROPER NOTIFICATIONS OF LICENSE ISSUANCE OR RENEWAL
THAT ARE REQUIRED UNDER THE PROVISIONS OF THIS CHAPTER.
3. THE COMMUNITY LIAISON IS RESPONSIBLE FOR:
A. REGULARLY ATTENDING THE MEETINGS OF THE COMMUNITY BOARD FOR WHICH
HE OR SHE IS ACTING AS THE LIAISON;
B. SUBMITTING REPORTS TO THE AUTHORITY WITH RESPECT TO ISSUES OF
CONCERN OF THE COMMUNITY BOARD FOR WHICH HE OR SHE IS THE LIAISON;
C. SUBMITTING ANY COMMUNITY BOARD RECOMMENDATIONS TO THE AUTHORITY;
AND
D. INFORMING THE COMMUNITY BOARD OF EVERY REGULARLY SCHEDULED MEETING
OF THE LIQUOR AUTHORITY AND PROVIDING AN AGENDA FOR SUCH MEETING AT
LEAST FIFTEEN DAYS PRIOR TO THE MEETING.
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:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05407-01-3
S. 1842 2
(f) Notwithstanding the provisions of paragraph (b) of this subdivi-
sion, the authority may issue a license pursuant to this section for a
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 if, after consultation with the municipality or communi-
ty 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 munici-
pality or community board, and shall state and file in its office its
reasons therefor. The hearing may be rescheduled, adjourned or contin-
ued, and the authority shall give notice to the applicant and the muni-
cipality 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 munici-
pality or community board. The public meeting may be rescheduled,
adjourned or continued, and the authority shall give notice to the
applicant and the municipality or community board of any such resched-
uled, adjourned or continued 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 scheduled 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 pursu-
ant 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. NO LICENSE SHALL BE
ISSUED PURSUANT TO THIS SECTION UNTIL AT LEAST SIXTY DAYS AFTER THE
APPROPRIATE COMMUNITY BOARD HAS BEEN NOTIFIED.
S 3. Paragraph (d) of subdivision 7 of section 64-a of the alcoholic
beverage control law, as amended by chapter 185 of the laws of 2012, is
amended to read as follows:
(d) Notwithstanding the provisions of subparagraph (ii) of paragraph
(a) of this subdivision, the authority may issue a license pursuant to
this section for a premises which shall be within five hundred feet of
three or more existing premises licensed and operating pursuant to this
section and sections sixty-four, sixty-four-b, sixty-four-c, and/or
sixty-four-d of this article if, after consultation with the munici-
pality 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. Notice to the municipality or community
board shall mean written notice mailed by the authority to such munici-
pality or community board at least fifteen days in advance of any hear-
ing scheduled pursuant to this paragraph. Upon the request of the
authority, any municipality or community board may waive the fifteen day
notice requirement. The hearing may be rescheduled, adjourned or contin-
ued, and the authority shall give notice to the applicant and the muni-
cipality 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
S. 1842 3
to the hearing required by this paragraph, also conduct a public meeting
regarding said license, upon notice to the applicant and the munici-
pality or community board. The public meeting may be rescheduled,
adjourned or continued, and the authority shall give notice to the
applicant and the municipality or community board of any such resched-
uled, adjourned or continued public meeting. 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,
sixty-four-b, sixty-four-c, and/or sixty-four-d of this article. NO
LICENSE SHALL BE ISSUED PURSUANT TO THIS SECTION UNTIL AT LEAST SIXTY
DAYS AFTER THE APPROPRIATE COMMUNITY BOARD HAS BEEN NOTIFIED.
S 4. Paragraph (c) of subdivision 11 of section 64-c of the alcoholic
beverage control law, as amended by chapter 185 of the laws of 2012, is
amended to read as follows:
(c) Notwithstanding the provisions of subparagraph (ii) of paragraph
(a) of this subdivision, the authority may issue a license pursuant to
this section for a premises which shall be within five hundred feet of
three or more existing premises licensed and operating pursuant to this
section and sections sixty-four, sixty-four-a, sixty-four-b and/or
sixty-four-d of this article if, after consultation with the munici-
pality 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 munici-
pality or community board. The public meeting may be rescheduled,
adjourned or continued, and the authority shall give notice to the
applicant and the municipality or community board of any such resched-
uled, adjourned or continued 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 scheduled 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 pursu-
ant 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 operating and licensed
pursuant to this section or sections sixty-four, sixty-four-a, sixty-
four-b and/or sixty-four-d of this article. NO LICENSE SHALL BE ISSUED
PURSUANT TO THIS SECTION UNTIL AT LEAST SIXTY DAYS AFTER THE APPROPRIATE
COMMUNITY BOARD HAS BEEN NOTIFIED.
S 5. This act shall take effect on the same date and in the same
manner as chapter 185 of the laws of 2012, takes effect.