Senate Bill S5749

2013-2014 Legislative Session

Permits the issuance of licenses where it is determined such issuance is determined to be in the public interest

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Archive: Last Bill Status - In Senate Committee Commerce, Economic Development And Small Business Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to commerce, economic development and small business
Jun 11, 2013	referred to rules

2013-S5749 (ACTIVE) - Details

Current Committee:: Senate Commerce, Economic Development And Small Business
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §§64 & 64-a, ABC L

2013-S5749 (ACTIVE) - Summary

Permits the issuance of licenses where it is determined such issuance is determined to be in the public interest.

2013-S5749 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5749

TITLE OF BILL:  An act to amend the alcoholic beverage control law, in
relation to issuance of licenses and providing for the repeal of such
provisions upon expiration thereof

PURPOSE OR GENERAL IDEA OF BILL:  This bill permits the issuance of
retail Licenses and special retail licenses for on-premises
consumption for premises within two hundred feet of a church or place
of worship where the State Liquor Authority finds it to be in the
public interest.

SUMMARY OF SPECIFIC PROVISIONS:  A new paragraph (f-1) is added to
subdivision 7 of section 64, and a new paragraph (d-1) of subdivision
7 of section 64-a, are added to mirror the existing process for
issuing a license that is within 500 feet of three or more licensed
facilities, provided that the state liquor authority schedule a
hearing with the municipality or community board and provide notice of
any rescheduled, adjourned or continued hearing. The authority to
issue such licenses will expire on January 1, 2014.

JUSTIFICATION:  The State Liquor Authority is prohibited from issuing
a retail license for on-premises consumption to any establishment
located within two hundred feet of any school or place of worship. The
legislature, since the enactment of this restriction, has on a case by
case basis enacted special legislation authorizing, the issuance of a

license notwithstanding this law.

There is current authority within the licensing provisions (paragraph
f of subdivision 7 of section 64 and paragraph d of subdivision 7 of
section 64-a of the alcoholic beverage control law-relating to
authorizing additional licenses within 500 feet of three or more
existing licenses) to allow the state liquor authority, in
consultation with the affected municipality or community board, to
issue a license notwithstanding existing area restrictions if it is
found to be in the public interest.

This legislation would provide that same authority for one year only
to authorize the state liquor authority to issue licenses within two
hundred feet of a school or place of worship if found to be in the
public interest. The local community would have a minimum of one
hearing and would receive notice of any subsequent meeting, hearing or
other proceeding on the application.

PRIOR LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:  This act shall take effect immediately, and shall
expire on January 1, 2014.

2013-S5749 (ACTIVE) - Bill Text download pdf

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

                                  5749

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 11, 2013
                               ___________

Introduced  by COMMITTEE ON RULES -- read twice and ordered printed, and
  when printed to be committed to the Committee on Rules

AN ACT to amend the alcoholic beverage control law, in relation to issu-
  ance of licenses and providing for the repeal of such provisions  upon
  expiration thereof

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

  Section 1. Subdivision 7 of  section  64  of  the  alcoholic  beverage
control  law  is  amended  by  adding  a  new paragraph (f-1) to read as
follows:
  (F-1) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
SION, THE AUTHORITY MAY ISSUE A LICENSE PURSUANT TO THIS SECTION  FOR  A
PREMISES  WHICH  SHALL BE WITHIN TWO HUNDRED FEET OF A BUILDING OCCUPIED
EXCLUSIVELY AS A SCHOOL, CHURCH, SYNAGOGUE OR OTHER  PLACE  OF  WORSHIP,
PROVIDED  SUCH  PREMISES  CONSTITUTES A PREMISES FOR THE SALE OF FOOD OR
BEVERAGES AT RETAIL FOR CONSUMPTION ON PREMISES, IF, AFTER  CONSULTATION
WITH  THE  MUNICIPALITY  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 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. 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11430-03-3

S. 5749                             2

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 TWO  HUNDRED
FEET  OF  A BUILDING OCCUPIED EXCLUSIVELY AS A SCHOOL, CHURCH, SYNAGOGUE
OR OTHER PLACE OF WORSHIP.
  S 2. Subdivision 7 of section 64-a of the alcoholic  beverage  control
law is amended by adding a new paragraph (d-1) to read as follows:
  (D-1)  NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH (I) OF PARAGRAPH
(A) OF THIS SUBDIVISION, THE AUTHORITY MAY ISSUE A LICENSE  PURSUANT  TO
THIS  SECTION FOR A PREMISES WHICH SHALL BE WITHIN TWO HUNDRED FEET OF A
BUILDING OCCUPIED EXCLUSIVELY AS A SCHOOL, CHURCH,  SYNAGOGUE  OR  OTHER
PLACE  OF WORSHIP, PROVIDED SUCH PREMISES CONSTITUTES A PREMISES FOR THE
SALE OF FOOD OR BEVERAGES AT RETAIL FOR  CONSUMPTION  ON  PREMISES,  IF,
AFTER  CONSULTATION  WITH THE MUNICIPALITY OR COMMUNITY BOARD, IT DETER-
MINES 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 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.  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. 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
TWO HUNDRED FEET OF A BUILDING OCCUPIED EXCLUSIVELY AS A SCHOOL, CHURCH,
SYNAGOGUE OR OTHER PLACE OF WORSHIP.
  S  3.  This  act shall take effect immediately; provided however, that
the provisions of sections one and two of this act shall expire  and  be
deemed  repealed  June  30,  2014; and provided further that any license
granted prior to the date of such expiration and repeal pursuant to  the
authority  granted in sections one and two of this act shall, after such
expiration and repeal thereof, continue as valid in accordance with  the
provisions of the alcoholic beverage control law and may also be renewed
in accordance with the provisions of such law.

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Senate Bill S5749

Sponsored By

Archive: Last Bill Status - In Senate Committee Commerce, Economic Development And Small Business Committee

Actions

2013-S5749 (ACTIVE) - Details

2013-S5749 (ACTIVE) - Summary

2013-S5749 (ACTIVE) - Sponsor Memo

2013-S5749 (ACTIVE) - Bill Text download pdf

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Sponsored By

Archive: Last Bill Status - In Senate Committee Commerce, Economic Development And Small Business Committee

Actions

2013-S5749 (ACTIVE) - Details

2013-S5749 (ACTIVE) - Summary

2013-S5749 (ACTIVE) - Sponsor Memo

2013-S5749 (ACTIVE) - Bill Text download pdf

Comments