senate Bill S310

2013-2014 Legislative Session

Relates to municipalities or community boards presenting oral testimony

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to commerce, economic development and small business
Apr 30, 2013 defeated in commerce, economic development and small business
Feb 25, 2013 notice of committee consideration - requested
Jan 09, 2013 referred to commerce, economic development and small business

Votes

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Apr 30, 2013 - Commerce, Economic Development and Small Business committee Vote

S310
2
6
committee
2
Aye
6
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Commerce, Economic Development and Small Business committee vote details

Commerce, Economic Development and Small Business Committee Vote: Apr 30, 2013

aye (2)
aye wr (3)

S310 - Bill Details

See Assembly Version of this Bill:
A188
Current Committee:
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd ยง64, ABC L
Versions Introduced in 2011-2012 Legislative Session:
S6924, A9838

S310 - Bill Texts

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Requires the state liquor authority to invite municipalities or community boards to appear before the authority to present oral testimony prior to issuing certain liquor licenses to applicants.

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BILL NUMBER:S310

TITLE OF BILL:
An act
to amend the alcoholic beverage control law, in relation to requiring
the state liquor authority to invite municipalities or community boards
to appear before the authority to present oral testimony prior to
issuing certain liquor licenses to applicants

PURPOSE OR GENERAL IDEA OF THE BILL:
Specifically requires the State Liquor Authority to invite
municipalities and community boards to present oral testimony when
the Authority is considering an application for a liquor license.

SUMMARY OF PROVISIONS:
Section 1. Amends Section 64 of the alcoholic beverage control law by
adding a new subdivision 7-a. Requires the State Liquor Authority to
invite a municipality or community board to appear before the
authority to present oral testimony regarding the applicant.

Section 2. Effective Date

EXISTING LAW:
Current law does not require the State Liquor Authority to invite
municipalities or community boards to present oral testimony
regarding the application for a liquor license.

JUSTIFICATION:
The State Liquor Authority considers several criteria prior to
granting a retail liquor license for consumption on the premises.
These include, but are not limited to: the number, classes and
character of licenses in proximity to the location and in the
particular municipality; the impact of the license on vehicular
traffic and parking in proximity to the location; the level of noise
and any potential increase in noise level that would be generated;
and, the history of liquor violations and reported criminal activity
at the proposed premises.

Current statute does not specifically require the State Liquor
Authority to invite municipalities or in the case of New York City,
community boards, to present oral testimony regarding an application
for a liquor license. Municipalities and community boards should have
input regarding the approval of a liquor license, and this input
should be mandated by state statute.
This legislation would require municipalities and community boards to
be invited by the State Liquor Authority to present oral testimony
when an application for a liquor license is being considered.

LEGISLATIVE HISTORY:
2012: S.6924 - Referred to Investigations and Government
Operations/A.9838 - Referred to Economic Development

FISCAL IMPLICATIONS:
None to State.

EFFECTIVE DATE:


Immediately.

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

                                   310

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  DIAZ  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Commerce, Economic  Devel-
  opment and Small Business

AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
  requiring the state  liquor  authority  to  invite  municipalities  or
  community boards to appear before the authority to present oral testi-
  mony prior to issuing certain liquor licenses to applicants

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

  Section 1. Section 64 of the alcoholic beverage control law is amended
by adding a new subdivision 7-a to read as follows:
  7-A. BEFORE THE  AUTHORITY  MAY  ISSUE  A  LICENSE  PURSUANT  TO  THIS
SECTION,  THE AUTHORITY SHALL INVITE THE MUNICIPALITY OR COMMUNITY BOARD
TO APPEAR BEFORE THE AUTHORITY TO PRESENT ORAL TESTIMONY  REGARDING  THE
APPLICANT.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00959-01-3

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