S T A T E O F N E W Y O R K
________________________________________________________________________
390
2015-2016 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2015
___________
Introduced by M. of A. SKARTADOS -- read once and referred to the
Committee on Economic Development
AN ACT to amend the alcoholic beverage control law, in relation to
enacting the state liquor authority license application modernization
act; and to amend the state finance law, in relation to establishing
the state liquor authority license modernization fund
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "state
liquor authority license application modernization act".
S 2. The alcoholic beverage control law is amended by adding a new
section 110-c to read as follows:
S 110-C. PROCESSING OF APPLICATIONS. 1. SUBSEQUENT TO THE FILING OF AN
APPLICATION FOR A LICENSE TO BE ISSUED PURSUANT TO THE TERMS OF THIS
CHAPTER, ALL COMMUNICATIONS BETWEEN THE AUTHORITY AND THE APPLICANT, OR
HIS OR HER ATTORNEY OR OTHER DESIGNATED REPRESENTATIVE, INCLUDING ALL
NOTICES AND REQUESTS FOR ADDITIONAL MATERIAL SUBMISSIONS, SHALL BE TRAN-
SMITTED BY ELECTRONIC METHODS INCLUDING AN ONLINE APPLICATION FORM,
ONLINE RESPONSE FORMS, ATTACHMENTS AND EMAIL TEXT. AS USED IN THIS
SECTION, "ELECTRONIC METHODS" MEANS BY USE OF COMPUTER TECHNOLOGY. AN
APPLICATION FOR A LICENSE MAY BE SUBMITTED BY MAILING A PAPER COPY OF
THE APPLICATION TO THE AUTHORITY.
2. (A) THE AUTHORITY SHALL DEVELOP AN INTERACTIVE ELECTRONIC STATUS OF
APPLICATION PROGRESS SYSTEM AND DATABASE (E-SAP) WHICH SHALL TRACK THE
PROGRESS OF EACH APPLICATION FOR A LICENSE UNDER THE PROVISIONS OF THIS
CHAPTER. EACH APPLICATION SHALL BE ENTERED INTO E-SAP WITHIN TWO WEEKS
OF ACCEPTANCE OF THE APPLICATION BY THE AUTHORITY. THE DATE OF ACCEPT-
ANCE OF THE APPLICATION TO BE POSTED ON E-SAP SHALL BE THE DATE IT WAS
ELECTRONICALLY RECEIVED OR THE DATE WHEN THE APPLICATION IS RECEIVED BY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00605-01-5
A. 390 2
POSTAL MAIL. ALL POSTAL MAIL APPLICATIONS MUST BE DATE STAMPED THE DAY
IT WAS RECEIVED BY THE AUTHORITY.
(B) A LINK TO E-SAP SHALL BE AVAILABLE THROUGH THE AUTHORITY'S WEBSITE
AND SHALL PROVIDE APPLICANTS AND THEIR ATTORNEYS AND REPRESENTATIVES
WITH SECURE ACCESS TO THE E-SAP DATABASE INFORMATION PERTAINING TO THE
APPLICANT'S APPLICATION. SUCH INFORMATION SHALL INCLUDE:
(I) THE STATUS OF EACH APPLICATION, INCLUDING THE CURRENT STAGE OF THE
REVIEW PROCESS, THE DATES UPON WHICH PREVIOUS STEPS IN THE REVIEW PROC-
ESS WERE COMPLETED AND AN ANTICIPATED DATE OF COMPLETION OF THE REVIEW
PROCESS;
(II) COPIES OF ALL CORRESPONDENCE BETWEEN THE AUTHORITY AND THE APPLI-
CANT OR HIS OR HER ATTORNEY OR REPRESENTATIVE;
(III) COPIES OF ALL NOTICES OF DEFICIENCIES OR REQUESTS FOR ADDITIONAL
SUBMISSION MATERIALS;
(IV) IF APPLICABLE, COPIES OF ALL DOCUMENTS RELATED TO THE DENIAL OF
ANY APPLICATION FOR A LICENSE UNDER THE PROVISIONS OF THIS CHAPTER; AND
(V) IF APPLICABLE, COPIES OF ALL TEMPORARY OR PERMANENT LICENSES
GRANTED BY THE AUTHORITY WITH REGARD TO THE APPLICATION, AND ALL
RENEWALS OF SUCH LICENSES.
(C) E-SAP SHALL BE DESIGNED TO ALLOW AN APPLICANT TO RESPOND TO ANY
QUESTIONS CONCERNING HIS OR HER APPLICATION AND TO SUBMIT SCANS OF OTHER
ELECTRONIC SUBMISSIONS OF ANY ADDITIONAL MATERIALS REQUESTED BY THE
AUTHORITY IN CONNECTION WITH THE PROCESSING OF AN APPLICATION FOR A
LICENSE UNDER THE PROVISIONS OF THIS CHAPTER.
3. ANY APPLICANT FOR A LICENSE UNDER THE PROVISIONS OF THIS CHAPTER
WHO IS NOT REPRESENTED BY AN ATTORNEY, BUT WHO ELECTS TO PARTICIPATE IN
THE SELF-CERTIFICATION PROCESS WITH RESPECT TO THE TRUTH, ACCURACY AND
SUFFICIENCY OF HIS OR HER APPLICATION MAY REQUEST THAT THE AUTHORITY
CERTIFY THE APPLICATION FOR AN ADDITIONAL FEE. UPON RECEIPT OF A LICENSE
APPLICATION WITH A REQUEST FOR AUTHORITY CERTIFICATION AND PAYMENT OF
THE LICENSE AND CERTIFICATION FEES, THE AUTHORITY SHALL CONDUCT AN
INITIAL REVIEW OF THE APPLICATION SUBMISSION FOR THE SOLE PURPOSE OF
VERIFYING THE TRUTH, ACCURACY AND SUFFICIENCY OF THE APPLICATION AND
SHALL EITHER PROVIDE CERTIFICATION OR IDENTIFY ISSUES THAT NEED TO BE
ADDRESSED PRIOR TO CERTIFICATION.
4. THE AUTHORITY SHALL MAKE AVAILABLE THROUGH THE OPEN DATA NEW YORK
WEBSITE DATA REGARDING THE ISSUANCE OF NEW LICENSES PURSUANT TO THE
PROVISIONS OF THIS CHAPTER, AS WELL AS INFORMATION, UPDATED WEEKLY, AS
TO THE NUMBER OF APPLICATIONS IN PROCESS AND THE EXPECTED PROCESSING
TIMES FOR SUCH APPLICATIONS.
S 3. Section 125 of the alcoholic beverage control law is amended to
read as follows:
S 125. Disposition of moneys received for license fees. [The] 1.
EXCEPT AS PROVIDED IN SUBDIVISION TWO OF THIS SECTION, THE moneys
received for license fees provided for in this chapter shall be turned
over by the liquor authority to the state comptroller. It shall be
placed by the state comptroller in the fund derived from the proceeds of
the taxes on liquor, wine and beer provided for in article eighteen of
the tax law and become a part thereof and be subject to all of the
provisions of law relating to such fund.
2. ALL MONEYS RECEIVED FOR LICENSE FEES FOR TEMPORARY PERMITS OR
RENEWAL OF TEMPORARY PERMITS AS PROVIDED IN THIS CHAPTER AND FOR AUTHOR-
ITY CERTIFICATION FEES AS PROVIDED IN SECTION ONE HUNDRED TEN-C OF THIS
ARTICLE SHALL BE TURNED OVER BY THE LIQUOR AUTHORITY TO THE STATE COMP-
TROLLER AND SHALL BE PLACED BY THE STATE COMPTROLLER IN THE STATE LIQUOR
A. 390 3
AUTHORITY LICENSE MODERNIZATION FUND PURSUANT TO SECTION NINETY-TWO-O OF
THE STATE FINANCE LAW.
S 4. The state finance law is amended by adding a new section 92-o to
read as follows:
S 92-O. STATE LIQUOR AUTHORITY LICENSE MODERNIZATION FUND. 1. THERE
IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMMISSIONER OF THE
STATE LIQUOR AUTHORITY AND THE STATE COMPTROLLER A SPECIAL FUND TO BE
KNOWN AS THE "STATE LIQUOR AUTHORITY LICENSE MODERNIZATION FUND". THE
MONEYS IN SUCH FUND SHALL BE AVAILABLE FOR PAYMENT OF ANY AND ALL COSTS
AND EXPENDITURES INCURRED IN ESTABLISHING AND MAINTAINING THE STATE
LIQUOR AUTHORITY'S ELECTRONIC STATUS OF APPLICATION PROGRESS SYSTEM AND
DATABASE AND PROVIDING ENHANCED LICENSE APPLICATION PROCESS PROCEDURES
AS DESCRIBED IN SECTION ONE HUNDRED TEN-C OF THE ALCOHOLIC BEVERAGE
CONTROL LAW, INCLUDING BUT NOT LIMITED TO EXPENSES INCURRED FOR THE
HIRING BY THE STATE LIQUOR AUTHORITY OF ADDITIONAL PERSONNEL.
2. MONEYS IN THE STATE LIQUOR AUTHORITY LICENSE MODERNIZATION FUND
SHALL BE KEPT SEPARATELY FROM AND SHALL NOT BE COMMINGLED WITH ANY OTHER
MONEYS IN THE JOINT OR SOLE CUSTODY OF THE STATE COMPTROLLER OR THE
COMMISSIONER OF THE STATE LIQUOR AUTHORITY.
3. THE STATE LIQUOR AUTHORITY LICENSE MODERNIZATION FUND SHALL CONSIST
OF THE REVENUES REQUIRED TO BE DEPOSITED THEREIN PURSUANT TO THE
PROVISIONS OF SUBDIVISION TWO OF SECTION ONE HUNDRED TWENTY-FIVE OF THE
ALCOHOLIC BEVERAGE CONTROL LAW AND ALL OTHER MONEYS CREDITED OR TRANS-
FERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.
4. THE MONEYS IN SUCH FUND SHALL BE PAID OUT ON THE AUDIT AND WARRANT
OF THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE CHAIRMAN OF
THE STATE ALCOHOLIC BEVERAGE CONTROL BOARD.
S 5. This act shall take effect on the sixtieth day after it shall
have become a law.