senate Bill S360

2013-2014 Legislative Session

Reduces certain on-premises liquor license fees

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


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

do you support this bill?

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to commerce, economic development and small business
Jan 09, 2013 referred to commerce, economic development and small business

S360 - Bill Details

Current Committee:
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd ยง66, ABC L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3108
2009-2010: S1951

S360 - Bill Texts

view summary

Reduces the annual fee for a license to sell liquor at retail to be consumed on the premises in cities having a population of more than 100,000 and less than one million which are outside of the county of Erie.

view sponsor memo
BILL NUMBER:S360

TITLE OF BILL:
An act
to amend the alcoholic beverage control law, in relation to license fees

PURPOSE:
Enactment of this legislation would lower the annual fee for a license
to sell liquor at retail to be consumed on the premises where sold
from fifteen hundred thirty six dollars to eight hundred ninety six
dollars in the City of Buffalo, New York.

SUMMARY OF PROVISIONS:
Section 1 of this measure amends Subdivision 4 of Section 66 of the
Alcoholic Beverage control law as amended by Section 3 of Part Z of
Chapter 85 of the laws
of 2002 by excluding those cities having a population of more than
one hundred thousand and less than one million within Erie County
from the fifteen hundred thirty six dollar annual liquor license fee.

JUSTIFICATION:
Past history surrounding this statute indicates that the
implementation of these fees was population-based. The present fees
no longer reflect the population of the city of Buffalo. The
previous differential in liquor license fees reflected a higher
population density in urban areas and a lesser population in
suburbia.

Over the course of time, the population shift to suburbia has not been
reflected in the license fees charged by New York state to liquor
license holders.

Furthermore, a reduction in license fees would encourage larger chains
to locate in an urban area such as the city of Buffalo. Presently,
the higher fee encourages development in outlying areas while at the
same time enticing city based license holders to move their
establishments to the lower priced areas.

FISCAL IMPLICATIONS:
To be determined.

LEGISLATIVE HISTORY:
2001-02: S.1343/A.2038 No action
2003-04: S.1035/A.1969 No action
2004-05: S.1606/A.3052 No action
2007-08: S.1713/A.3422 Referred to Commerce, Economic Development,
and Small Business
2009-10: S.1951/A.6025 Referred to Commerce, Economic Development,
and Small Business
2011-12: S.3108 Referred to Commerce, Economic Development
and Small Business

EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.


view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   360

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. KENNEDY -- 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
  license fees

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

  Section  1.  Subdivision  4  of  section  66 of the alcoholic beverage
control law, as amended by section 3 of part Z of chapter 85 of the laws
of 2002, is amended to read as follows:
  4. The annual fee for a license, under section  sixty-four  or  sixty-
four-a  OF  THIS ARTICLE, to sell liquor at retail to be consumed on the
premises where sold shall be twenty-one hundred seventy-six  dollars  in
the counties of New York, Kings, Bronx and Queens; fifteen hundred thir-
ty-six  dollars  in  the county of Richmond and in cities having a popu-
lation of more than one hundred thousand and less than one million WHICH
ARE OUTSIDE OF THE COUNTY OF ERIE; twelve  hundred  sixteen  dollars  in
cities having a population of more than fifty thousand and less than one
hundred  thousand; and the sum of eight hundred ninety-six dollars else-
where; except that the license fees for catering establishments shall be
two-thirds the license fee specified herein and for clubs, except lunch-
eon clubs and golf clubs, shall be seven hundred fifty dollars in  coun-
ties  of  New York, Kings, Bronx and Queens; five hundred dollars in the
county of Richmond and in cities having a population of  more  than  one
hundred  thousand and less than one million; three hundred fifty dollars
in cities having a population of more than fifty thousand and less  than
one  hundred  thousand;  and  the sum of two hundred fifty dollars else-
where. The annual fees for luncheon clubs shall be three hundred  seven-
ty-five  dollars, and for golf clubs in the counties of New York, Kings,
Bronx, Queens, Nassau,  Richmond  and  Westchester,  two  hundred  fifty

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02419-01-3

S. 360                              2

dollars, and elsewhere one hundred eighty-seven dollars and fifty cents.
Notwithstanding  any other provision of law to the contrary, there shall
be no annual fee  for  a  license,  under  section  sixty-four  OF  THIS
ARTICLE,  to  sell liquor at retail to be consumed on the premises where
the applicant is an organization organized  under  section  two  hundred
sixty  of the military law and incorporated pursuant to the not-for-pro-
fit corporation law.   Provided, however, that where  any  premises  for
which a license is issued pursuant to section sixty-four or sixty-four-a
of  this  article  remain  open  only within the period commencing April
first and ending October thirty-first of any one year,  or  only  within
the period commencing October first and ending the following April thir-
tieth,  the  liquor  authority may, in its discretion, grant a summer or
winter license effective only for such appropriate period of  time,  for
which  a  license  fee  shall be paid to be pro-rated for the period for
which such license is effective, at the rate provided for in  the  city,
town  or village in which such premises are located, except that no such
license fee shall be less than one-half of the  regular  annual  license
fee;  provided further that where the premises to be licensed are a race
track or a golf course or are licensed pursuant to section sixty-four or
sixty-four-a of this  [chapter]  ARTICLE,  the  period  of  such  summer
license may commence March first and end November thirtieth.
  Where  a  hotel,  restaurant,  club, golf course or race track is open
prior to April first and/or subsequent to October thirty-first by reason
of the issuance of a caterer's permit or permits issued by the  authori-
ty,  such fact alone shall not affect the eligibility of the premises or
the person owning or operating such hotel, restaurant, club, golf course
or race track for a summer license.
  S 2. This act shall take effect on the thirtieth day  after  it  shall
have become a law.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.