senate Bill S4943

2013-2014 Legislative Session

Revises procedures for issuance of retail and special retail liquor licenses for on premises consumption for premises within 500 feet of 3 or more existing premises

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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
Jun 21, 2013 committed to rules
Jun 10, 2013 advanced to third reading
Jun 05, 2013 2nd report cal.
Jun 04, 2013 1st report cal.981
May 01, 2013 referred to commerce, economic development and small business

Votes

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Jun 4, 2013 - Commerce, Economic Development and Small Business committee Vote

S4943
9
0
committee
9
Aye
0
Nay
2
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: Jun 4, 2013

aye wr (2)

S4943 - Bill Details

See Assembly Version of this Bill:
A1958
Current Committee:
Senate Commerce, Economic Development And Small Business
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd ยงยง64 & 64-a, ABC L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A583
2009-2010: A3743A

S4943 - Bill Texts

view summary

Revises procedures regarding the issuance of both retail and special retail liquor licenses for on-premises consumption for premises located within 500 feet of 3 or more existing premises in cities, towns and villages of twenty thousand of more; provides that the written notice which the authority must give to the municipality or community board of the hearing which the authority must hold before issuing a regular (i.e., non-special) license must include the date, time and place thereof and must include a copy of the license application, with certain personal information redacted to prevent an unwarranted invasion of privacy (more specifically, the copy of the application shall not include the home address, home telephone number or social security number of any individual, and the authority may redact other personal information contained in the application in order to prevent an unwarranted invasion of an individual's privacy); and imposes a parallel requirement for written notice of the hearing which must be held regarding applications for such special retail licenses for on-premises consumption.

view sponsor memo
BILL NUMBER:S4943

TITLE OF BILL: An act to amend the alcoholic beverage control law, in
relation to procedures associated with issuing retail and special
retail licenses to sell liquor for on-premises consumption regarding
premises located within five hundred feet of three or more existing
premises in cities, towns and villages having a population of twenty
thousand or more

PURPOSE OR GENERAL IDEA OF BILL: This bill revises procedures for the
issuance of retail and special retail liquor licenses for on-premise
consumption for premises within five hundred feet of three or more
existing premises.

SUMMARY OF SPECIFIC PROVISIONS: Paragraph (f) of subdivision 7 of
section 64 of the alcoholic beverage control law, as amended by
chapter 463 of the laws of 2009, and paragraph (d) of subdivision 7 of
section 64-a of the alcoholic beverage control law, as amended by
chapter 463 of the laws of 2009, are amended to read as follows:

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 and shall include the date, time and place thereof. In
addition, such notice to the municipality or community board of a
hearing scheduled pursuant to this paragraph shall include e copy of
the application for said license. Provided however, that a copy of
said application included with said notice shall not include the home
address, home telephone number or social security number of any
individual; and provided further that the authority, in its
discretion, may redact any other personal information contained in
such application in order to prevent an unwarranted invasion of an
individual's privacy.

JUSTIFICATION: The State Liquor Authority is prohibited from issuing a
retail license for on-premises consumption to any establishment to be
located within five hundred feet of three or more licensed and
operating establishments, this prohibition is commonly referred to as
the five hundred foot rule. The five hundred foot rule was enacted to
alleviate the problems caused by the over saturation of residential
neighborhoods by late night bars and clubs. This rule may be waived,
however, if after consultation with the municipality or community
board the Liquor Authority determines that issuing such a license
would be in the public interest. T public hearing must be conducted
before the Liquor Authority can issue any such license during which
the community must be provided an opportunity to present oral
testimony on the application. Written notice must be provided to the
municipality or community board at least fifteen days in advance of
the hearing.

Currently, little more than the name and location of the proposed
establishment is included with the five hundred foot hearing notice.
This measure requires that a copy of the license application, redacted
to exclude personal information, being included with the notice so
that the public may participate in the hearing in an informed manner.


PRIOR LEGISLATIVE HISTORY: A.597/S.4774 of 2001-02; Passed Assembly,
Referred to Senate Commerce Economic Development & Small Business
A.0250 of 2003-04; Passed Assembly A.1626 of 2005-06; Passed Assembly
A.1869 of 2007-2008; Passed Assembly A.3743-A of 2009-10; Passed
Assembly A.0583 of 2011-12; Passed Assembly

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect 90 days after it shall have
become a law.

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

                                  4943

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 1, 2013
                               ___________

Introduced  by  Sen. O'BRIEN -- 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
  procedures associated with issuing retail and special retail  licenses
  to  sell liquor for on-premises consumption regarding premises located
  within five hundred feet of three or more existing premises in cities,
  towns and villages having a population of twenty thousand or more

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

  Section  1.  Paragraph (f) of subdivision 7 of section 64 of the alco-
holic 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
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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04447-01-3

S. 4943                             2

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 AND SHALL  INCLUDE  THE
DATE,  TIME  AND PLACE THEREOF.  IN ADDITION, SUCH NOTICE TO THE MUNICI-
PALITY OR COMMUNITY BOARD OF A HEARING SCHEDULED PURSUANT TO THIS  PARA-
GRAPH  SHALL  INCLUDE  A  COPY  OF  THE  APPLICATION  FOR  SAID LICENSE.
PROVIDED, HOWEVER, THAT THE COPY OF SAID APPLICATION INCLUDED WITH  SAID
NOTICE  SHALL  NOT  INCLUDE  THE  HOME ADDRESS, HOME TELEPHONE NUMBER OR
SOCIAL SECURITY NUMBER OF ANY INDIVIDUAL; AND PROVIDED FURTHER THAT  THE
AUTHORITY,  IN ITS DISCRETION, MAY REDACT ANY OTHER PERSONAL INFORMATION
CONTAINED IN SUCH APPLICATION IN ORDER TO PREVENT AN  UNWARRANTED  INVA-
SION  OF AN INDIVIDUAL'S PRIVACY. 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 2. 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 AND SHALL INCLUDE THE DATE,
TIME AND PLACE THEREOF.  Upon the request of the authority, any  munici-
pality  or community board may waive the fifteen day notice requirement.
IN ADDITION, SUCH NOTICE TO THE MUNICIPALITY OR  COMMUNITY  BOARD  OF  A
HEARING SCHEDULED PURSUANT TO THIS PARAGRAPH SHALL INCLUDE A COPY OF THE
APPLICATION  FOR SAID LICENSE.  PROVIDED, HOWEVER, THAT THE COPY OF SAID
APPLICATION INCLUDED  WITH  SAID  NOTICE  SHALL  NOT  INCLUDE  THE  HOME
ADDRESS, HOME TELEPHONE NUMBER OR SOCIAL SECURITY NUMBER OF ANY INDIVID-
UAL;  AND  PROVIDED  FURTHER  THAT THE AUTHORITY, IN ITS DISCRETION, MAY
REDACT ANY OTHER PERSONAL INFORMATION CONTAINED IN SUCH  APPLICATION  IN
ORDER TO PREVENT AN UNWARRANTED INVASION OF AN INDIVIDUAL'S PRIVACY. 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.

S. 4943                             3

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 rescheduled, 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.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law and shall apply  to  all  applications  for  a  retail
license,  or  special  retail  license,  for on-premises consumption for
premises within five hundred feet of existing licensed premises that are
pending before or filed with the state liquor authority on or after such
effective date.  Effective immediately any rules or  regulations  neces-
sary  or  convenient to implement the provisions of this act are author-
ized to be promulgated on or before such effective date.

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