S T A T E O F N E W Y O R K
________________________________________________________________________
3557--A
2015-2016 Regular Sessions
I N A S S E M B L Y
January 27, 2015
___________
Introduced by M. of A. GLICK, GOTTFRIED, DINOWITZ, CAHILL -- read once
and referred to the Committee on Economic Development -- recommitted
to the Committee on Economic Development in accordance with Assembly
Rule 3, sec. 2 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the alcoholic beverage control law, in relation to
procedures associated with issuing licenses to sell liquor for
consumption
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 8 of section 100 of the alcoholic beverage
control law, as added by chapter 256 of the laws of 1978 and renumbered
by chapter 466 of the laws of 2015, is amended and a new subdivision 9
is added to read as follows:
8. Within ten days after filing a new application to sell liquor at
retail under section sixty-three[, sixty-four, sixty-four-a or sixty-
four-b] of this chapter, a notice thereof, in the form prescribed by the
authority, shall be posted by the applicant in a conspicuous place at
the entrance to the proposed premises. The applicant shall make reason-
able efforts to insure such notice shall remain posted throughout the
pendency of the application. The provisions hereof shall apply only
where no retail liquor license has previously been granted for the
proposed premise and shall, specifically, not be applicable to a
proposed sale of an existing business engaged in the retail sale of
liquor. The authority may adopt such rules AS it may deem necessary to
carry out the purpose of this subdivision.
9. (A) WITHIN TEN DAYS AFTER FILING A NEW APPLICATION OR AN APPLICA-
TION FOR RENEWAL TO SELL LIQUOR UNDER SECTION SIXTY-FOUR, SIXTY-FOUR-A,
SIXTY-FOUR-B, SIXTY-FOUR-C OR SIXTY-FOUR-D OF THIS CHAPTER, A NOTICE
THEREOF SHALL BE POSTED BY THE APPLICANT IN A CONSPICUOUS PLACE AT THE
ENTRANCE TO THE ESTABLISHMENT OR PROPOSED ESTABLISHMENT WHERE IT CAN BE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00917-03-6
A. 3557--A 2
EASILY READ BY PASSERS-BY. SAID NOTICE SHALL BE IN A FORM PRESCRIBED BY
THE AUTHORITY, PROVIDED HOWEVER THAT SAID NOTICE SHALL BE EITHER PRINTED
OR HIGHLIGHTED IN A PINK INK OF A NEON, LUMINOUS OR FLUORESCENT VARIETY.
THE NOTICE SHALL SPECIFY THE APPLICATION DATE, THE TYPE OF LICENSE, THE
IDENTIFICATION NUMBER AND HOW TO CONTACT THE STATE LIQUOR AUTHORITY TO
GIVE A RESPONSE TO THE APPLICATION. THE APPLICANT SHALL MAKE REASONABLE
EFFORTS TO INSURE SUCH NOTICE SHALL REMAIN POSTED THROUGHOUT THE PENDEN-
CY OF SUCH APPLICATION. ADDITIONALLY, WITHIN TEN DAYS OF THE APPLI-
CANT'S RECEIPT OF A WRITTEN REQUEST FROM THE AUTHORITY, THE APPLICANT
SHALL RE-POST SUCH NOTICE. THE AUTHORITY MAY ADOPT SUCH RULES AS IT MAY
DEEM NECESSARY TO CARRY OUT THE PURPOSE OF THIS PARAGRAPH.
(B) WITHIN TEN DAYS OF THE APPLICANT'S RECEIPT OF WRITTEN NOTICE OF A
HEARING SCHEDULED PURSUANT TO SECTION SIXTY-FOUR, SIXTY-FOUR-A OR
SIXTY-FOUR-C OF THIS CHAPTER, THE APPLICANT SHALL POST A COPY OF SUCH
NOTICE IN A CONSPICUOUS PLACE AT THE ENTRANCE TO THE ESTABLISHMENT OR
PROPOSED ESTABLISHMENT WHERE IT CAN BE EASILY READ BY PASSERS-BY. THIS
NOTICE SHALL INCLUDE IN CLEAR AND CONCISE LANGUAGE A STATEMENT OF THE
USE AND CAPACITY OF THE ESTABLISHMENT. THE APPLICANT SHALL MAKE REASON-
ABLE EFFORTS TO INSURE SUCH NOTICE SHALL REMAIN POSTED UNTIL THE DATE OF
THE HEARING OR PUBLIC MEETING SPECIFIED IN SUCH NOTICE. ADDITIONALLY,
WITHIN TEN DAYS OF THE APPLICANT'S RECEIPT OF A WRITTEN REQUEST FROM THE
AUTHORITY, THE APPLICANT SHALL RE-POST SUCH NOTICE. THE AUTHORITY MAY
ADOPT SUCH RULES AS IT MAY DEEM NECESSARY TO CARRY OUT THE PURPOSE OF
THIS PARAGRAPH.
S 2. This act shall take effect on the ninetieth day after it shall
have become a law and shall apply to all applications or applications
for renewal made under section 64, 64-a, 64-b, 64-c or 64-d of the alco-
holic beverage control law for a license to sell liquor for consumption
that are pending before or filed with the state liquor authority on or
after such effective date; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized and directed to be made and completed on or before such
effective date.