senate Bill S3400

2013-2014 Legislative Session

Provides a municipality or community board to express an opinion before a license is granted to a person to sell liquor at retail for off-premises consumption

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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
Feb 01, 2013 referred to commerce, economic development and small business

S3400 - Bill Details

See Assembly Version of this Bill:
A5317
Current Committee:
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd ยง63, ABC L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A8524A, S5901A, A8524B
2009-2010: A204A

S3400 - Bill Texts

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Allows a municipality or community board to express an opinion before a license is granted to a person to sell liquor at retail for off-premises consumption.

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BILL NUMBER:S3400

TITLE OF BILL: An act to amend the alcoholic beverage control law, in
relation to licenses to sell liquor at retail for consumption off the
premises issued in the city of New York

PURPOSE OF BILL: This bill requires notice to a locality and allows a
Municipality or community board to express an opinion for or against the
granting or renewal of a license to sell liquor at retail for consump-
tion off the premises in cities having a population of one million or
more persons.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Adds a new subdivision 2-a to section 63 of the Alcoholic
Beverage control Law, o require notice to a locality and allow a munici-
pality or community board to express an opinion for or against the
granting or renewal of a license to sell liquor at retail for consump-
tion off the premises.

Section 2. States the effective date.

JUSTIFICATION: Under current law, The state Liquor Authority is
required to consider several factors upon receipt of an application for
a new or renewed license to sell liquor for on-premises consumption.
Among these factors is the opinion of the municipality or community
board which has jurisdiction over the area where the retail establish-
ment will be located.

However, the community has no input in the granting of licenses for
establishments that sell liquor for off-premise consumption. With many
communities seeing an increase in complaints regarding the sale of beer
and liquor to minors at grocery and liquor stores, it is equally as
important for communities to have an opinion in the granting of off
premise licenses. This bill will correct that oversight.

LEGISLATIVE HISTORY: 2012: S.5901-A - Referred to Economic Development,
Reported to Codes.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Shall take effect on the sixtieth day after it becomes
law.

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

                                  3400

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 1, 2013
                               ___________

Introduced  by  Sen. ADDABBO -- 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
  licenses to sell liquor at retail for  consumption  off  the  premises
  issued in the city of New York

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

  Section 1. Section 63 of the alcoholic beverage control law is amended
by adding a new subdivision 2-a to read as follows:
  2-A. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, IN THE  CITY
OF  NEW  YORK,  UPON  RECEIPT OF AN APPLICATION FOR A LICENSE UNDER THIS
SECTION OR AN APPLICATION FOR RENEWAL UNDER SECTION ONE HUNDRED NINE  OF
THIS CHAPTER, THE APPLICANT SHALL NOTIFY THE COMMUNITY BOARD ESTABLISHED
PURSUANT  TO  SECTION  TWENTY-EIGHT HUNDRED OF THE NEW YORK CITY CHARTER
WITH JURISDICTION OVER THE AREA IN WHICH SUCH LICENSED PREMISES IS TO BE
LOCATED, BY  CERTIFIED  MAIL,  RETURN  RECEIPT  REQUESTED,  WHEREIN  THE
PROSPECTIVE  LICENSED  PREMISES  IS  TO BE LOCATED OR, IN THE CASE OF AN
APPLICATION FOR RENEWAL, WHERE IT IS PRESENTLY LOCATED,  NOT  LESS  THAN
THIRTY  DAYS  PRIOR  TO  THE SUBMISSION OF ITS APPLICATION FOR A LICENSE
UNDER THIS SECTION OR FOR A RENEWAL  THEREOF  PURSUANT  TO  SECTION  ONE
HUNDRED NINE OF THIS CHAPTER.  SUCH COMMUNITY BOARD MAY EXPRESS AN OPIN-
ION  FOR OR AGAINST THE GRANTING OF SUCH LICENSE. ANY SUCH OPINION SHALL
BE DEEMED PART OF THE RECORD UPON  WHICH  THE  LIQUOR  BOARD  MAKES  ITS
DETERMINATION TO GRANT OR DENY SUCH LICENSE.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03015-01-3

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